Terms & Conditions& Privacy Policy

THRU MENOPAUSE CLIENT PROGRAM TERMS

These client Terms (‘Terms’) apply to all clients who sign up for our Courses or otherwise engage our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any Course, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our Website from time to time.

DEFINITIONS

‘Content’ means all nutrition, health and fitness information, exercises, programs, techniques, ideas, materials and examples accessed on or through the Services.

‘Course Content’ means Content that is provided to you in connection with a Course that you have registered for.

‘Courses’ means the Nutrition Thru Menopause course, the Fitness Thru Menopause course and includes any other courses we may offer from time to time.

‘Participant’ means a person who has registered for a Course.

‘Permitted Use’ means the viewing and use by you of the Content, solely for the purpose of your good faith participation in your chosen Course. 

‘Services’ means our Courses and any additional services we may offer from time to time to help women in midlife to feel energised and alive and to manage menopause. These services may deal with and include fitness, health, wellbeing, nutrition, mindset, and other related matters.

‘We’, ‘our’ and ‘us’ means thrumenopause.com.au - ABN: 92 630 992 652 and includes any directors, employees and contractors from time to time.

‘Website’ means thrumenopause.com.au.

‘You’ means the user of our Services and/or Website.

HOW IT WORKS​

We offer various programs to help women in midlife to feel more energized, healthy and to manage menopause. Our Services include nutrition and fitness guidance to empower women to feel better and manage their weight through the menopause phase of life. 

In order to access our Services and Content, you must register and pay the relevant fee as listed on our Website or otherwise communicated to you in writing.

We will then provide you with a questionnaire to enable us to customise your program and Course Content to help you start your journey to better health.

COURSES

What’s Included in Our Courses?

We offer Courses to cover both nutrition and fitness to assist you to navigate and feel more healthy through your menopause journey. 

Once we have received payment, you will receive access to Course Content which includes meal plans, recipes, activities, and small group discussions.

Further details about what is included in your chosen Course will be published on our Website or otherwise provided to you at the time of your registration. 

You will be provided with access to the Course Content for the full period of the Course plus an additional 2 weeks after the Course is completed.

PAYMENTS, REFUNDS AND TERMINATION

Payments: We require payment in advance prior to providing access to any Course. 

We offer both a full payment in advance option as well as a payment plan by instalments.

Where you have chosen a payment option involving periodic instalments, by providing your payment details, you authorise us to deduct all applicable payments from your nominated payment method when the payments become due.

Refunds: We offer a full refund within 30 days of the commencement of any course, less an administration fee of $250 to cover merchant and other costs. To request a refund, please contact us in writing at [email protected] We will provide a form to complete your refund request, and we may also reach out directly to discuss your request if needed. To qualify for a refund participants must meet the following conditions:

Attendance: A minimum attendance of 75% of live coaching sessions is required.

Course Engagement: Participants must have engaged with the weekly course content, completed designated activities, and applied the personalized protocols provided, including Meal Timing, Food Lists, and Portion Control.

Support Contact: Participants must have reached out for support prior to submitting a refund request, allowing us the opportunity to assist with any concerns or challenges faced during the course.

No refunds are provided after this 30 day period.  Whilst we at all times comply with Australian Consumer Law with respect to refunds, any other refund is in our sole discretion. 

For any cancellation after this 30 day period, all outstanding periodic payments will become immediately due and payable and we will seek reimbursement for any agency and other collection fees we may incur as a result of payment collection.

Termination: We have the right to terminate or suspend your registration and access to the Website, with or without notice for any breach of these Terms or any reason in our sole discretion.

We may terminate or suspend your registration if you fail to pay any fees or payments when they are due.

Upon such termination, regardless of the reasons, your right to use the Website, access to our Courses and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Website and Services.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

YOUR AGREEMENT

By registering for our Courses, you agree: 

You will not share your password or login details with any other person.

You will not transfer, sublicense or grant access to any of our Content or Services to any other person, company or business, except as agreed in these Terms.

You will not share, recreate or otherwise reproduce any Content or Services on or provided through our Website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of the copyrighted Content or Services is permitted without our written permission.

You will not sell, resell, share or otherwise provide any Content, Services or any derivative works in any way, manner or medium to any third party.

You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the Website.

You will keep your contact, payment and other information updated.

You will use our Content and Services in good faith and will not manipulate, alter, circumvent or in any way use our Content or Services in an unlawful manner or for unlawful means, whether directly or indirectly.

OUR COMMITMENT TO YOU

As your coach, we will endeavour to:

Help create an honest, open, collaborative coaching relationship.

Be a partner and help you to bring out the best in you.

Assist you to understand how to improve your health and provide tools for you to better manage your menopause phases.  

Respect your confidentiality.

Promote discovery of new possibilities and insights for you.

Give you input, honest feedback and operate as a sounding board.

Be a resource for you to use to help you to accomplish your goals.

YOUR PARTICIPATION

As the Client in this coaching relationship, you agree to:

Follow the Course and Content and provide feedback on your journey.

Commit to goals that are truly meaningful and significant to you and that we agree will help you with your progress and successful outcome.

Explore new approaches and experiment with helpful actions and behaviours.

Acknowledge and take ownership for your progress, any setbacks and accomplishments.

CONSENT TO BEING RECORDED

Our group sessions involve Zoom sessions which are recorded so that you and our other course participants can watch them later. 

By participating in any of our Zoom sessions, you consent to being recorded. 

If you do not wish to be recorded you must notify us before the start of the relevant Zoom session, and you should make sure to have your camera switched off during the session. 

All recorded sessions will be deleted 2 weeks after the end of the Course.

YOUR ACKNOWLEDGEMENTS AND WARRANTIES

You acknowledge and agree that:

Results of Services vary from individual to individual. For this reason, performance, progress and success of any particular part of the Services is reliant on you and your ability to meet your own requirements. We cannot and do not guarantee any particular results and you are solely responsible for your own progress. 

If at any time during the Services you feel your progress is not as expected, it is your responsibility to advise us immediately of any concerns in order to give us an opportunity to address them. We will use reasonable efforts to resolve the concerns, however at no time do we guarantee or warrant any increase or altered progress or performance; 

We may, from time to time or as part of the Services or via the Content, suggest products, food, diet regimes, exercise protocols, lifestyle changes or other courses of action (‘Suggested Action).

If you have or suspect you may have allergies or medical issues which may be affected by a Suggested Action or if after taking any Suggested Action, you find you may be experiencing side effects which are uncomfortable or concerning, you should stop taking that Suggested Action and promptly contact your professional health care provider. 

Any statements either on the Website or made by us regarding products, food, diet regimes, exercise protocols, lifestyle changes or other Suggested Actions are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease. 

You are responsible for consulting a suitable medical professional before using any of the information or Content provided in relation to any Services or the Website and before trying any exercise, diet, or technique or taking any course of action that may directly or indirectly affect your health or well-being.

You warrant and represent that you are at least 18 years of age.

You warrant and represent that you are suitably fit and healthy to participate in an exercise program where provided as part of the Services, and that a doctor or medical professional has not advised you otherwise. 

LICENCE TERMS (‘Licence’)

Upon your acceptance of these Terms and payment of all applicable fees, we grant you a revocable, non-exclusive, non-transferable, limited Licence to access your chosen Course and the related Content.

Our Courses may only be used for your own individual, personal, non-commercial use in accordance with the Permitted Use, and subject to the Licence created under this clause.

Any unauthorised use of the Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

In the event that you breach these Terms, including but not limited to by using the Content in an unauthorised manner, we may immediately terminate this Licence.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach or alleged breach of the law or of these Terms.

INTELLECTUAL PROPERTY

We own all intellectual property rights in the Content and these intellectual property rights will remain our property at all times, subject to the Licence that we grant to you under these Terms.

The Content is provided without warranties of any kind, both express and implied. 

Any Content or other designs, materials, analyses, processes, discussions and other intellectual property, both tangible and intangible, which is provided or may be developed as a result of or during the Services is and will remain our property at all times. 

GROUP FORUM RULES (‘Rules’)

By registering for our Courses and participating in any group sessions offered as part of our Services, in contributing to any comments or forums, you agree to the Group Forum Rules set out in this clause.

Any recommendations, comments, information, experiences or other discussions you may contribute to or participate in (‘Comments’) during any group session must comply with these Rules and must be made in the spirit, culture and ethos of the group session and our purpose generally.

Confidentiality is paramount to any group session. You acknowledge that all discussions, conversations and, in particular, any identification of any individual is to be kept confidential and not to be discussed or disseminated at any time outside the group.

Comments are not permitted that:

Use aggressive, rude or offensive language.

Are abusive or malicious against or may offend any other participant, our staff or any third party.

Are objectionable or rude.

May be considered bullying behaviour.

The Comments and your experiences are meant to try to help other members of the group, be supportive, and to share your guidance and information. Our aim is to encourage helpful comments and feedback in a safe and secure environment and we hope that you will assist, benefit from and enjoy this initiative. We ask that you carefully consider any Comments you may make and the impact they may have.

You understand and agree that we may ban any person that, in our sole judgment violates these Terms, and we may moderate any Comments that we consider in our sole judgment might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of other participants. You may be banned from accessing the group, the Services or our Website at any time, without notice, and in our sole discretion.

You understand and agree that we reserve the right to take any action against you that we consider necessary if you do not comply with these Terms, or if your Comments or other actions cause any other person or third party to take action against us. 

Opinions, advice and all other information expressed by other participants in discussions or Comments are those of the participant who has submitted those Comments and are not endorsed by us or anyone associated with our group or business. 

You rely on any Comments and/or you act on any information contained in the Comments at your own risk. You need to make your own enquiries before taking any action related to any Comment.

You are responsible for your own safety when interacting with other Participants. Any action you choose to take with any other participant, including but not limited to the provision of your personal information, telephone or email, arranging a meeting, setting up social media groups or other similar activities is at your own risk. We are at no time responsible for or liable for any action you choose to take with any other Participant. 

DISCLAIMER

The Content and Services are for educational purposes only, are general in nature only and are not in any way to be construed as medical, legal or other personal advice. Any reliance you place on such information is therefore strictly at your own risk.

You are responsible for consulting a suitable medical professional before using any of the Content or Services or any other information that you access through our Website, or taking any course of action that may directly or indirectly affect your health or well-being. Our Content and Services are not a substitute for or intended to take the place of proper medical examination, dietary advice, diagnosis and treatment by a qualified medical professional.

We do not warrant, promise or guarantee that any of the Content or Services will produce a particular result. We are only providing general educational information. At no time do we provide any guarantees or warranties in relation to this Content or the Services.

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LIABILITY

You take full responsibility and assume all risk for making any decision based on the Content or contained in the Services.

You take full responsibility and assume all risk for any interactions you choose to have with other Participants. 

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on information on our Website, the Services or any related information. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.

Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.

Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.

When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.

In the event of any successful claim, our liability is limited to the amount of the fees for Services last paid by you to us.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INDEMNITY

You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.

This indemnity includes all legal fees resulting from your breach of our Terms, any third party claims including but not limited to claims by your family or relatives, any activity you may engage in through any use of our Website or Services, or your use of the Website or Services.

GOVERNING LAW

These Terms are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.