1 INTRODUCTION
Please read these Terms carefully before using the Application or any of the Services provided by INCHECK GROUP PTY LTD (ACN 676 832 090) (“we, “us”, “our” or “INCHECK FIT”).
By accessing or using the Application, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms or our Privacy Policy, you should cease using the Application and the Service immediately. We reserve the right to modify these Terms from time to time in our discretion.
2 DEFINITIONS
2.1. Application means:
(a) our website, including its subdomains and any other website through which we make our Service available;
(b) applications for mobile, tablet and other smart device systems;
(c) the Application Program Interfaces (API);
(d) the Service;
(e) any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.
2.2 Improvements means any development, improvement, enhancement, modification or addition to the Intellectual Property.
2.3 Intellectual Property means all intellectual property rights including domain names, trade marks, trade mark applications, services marks, logos, business names, insignia, designs, systems, copyrights, confidential information, know-how, inventions, innovations, patents, petty patents (or any of them), designs, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation, applications for any of the foregoing and other rights and property of a like nature whether registered or unregistered and any Improvements.
2.4 Intellectual Property Rights means all intellectual property rights in any country, including copyright, rights in circuit layout, patents (including provisional patents), registered and unregistered designs, trademarks, domain names and business names, any right to trademark rights, patent rights, design rights and any other registered or unregistered and registrable or unregistrable intellectual property rights.
2.5. Service means the diet, meal plan and associated services provided by INCHECK FIT through the Application or other mediums as may be available from time to time.
2.6 Terms means these Terms and Conditions.
3 WHO WE ARE
The Application is operated by INCHECK GROUP PTY LTD (ACN 676 832 090), an Australian proprietary limited company. For any inquiries regarding these Terms, please contact us by email at support@incheckfit.com.
4 ACCESS AND USE OF THE SERVICE
4.1. User Information: To register an account, you must provide personal information to INCHECK FIT such as your full name, email address, age (or age range), sex, weight, height and other health information. All personal information will be handled in accordance with our Privacy Policy.
4.2. Account security: If you decide to register an account via our Website or the Application, you will be required to select a username and a password. It is your responsibility to keep your username and password secure and confidential, and you will be accountable for all activity under this username. We may disable your account and/or terminate the Service, which will be non-refundable, if you have failed to comply with any provision of these Terms or your account has been fraudulently used or shared without authorisation.
4.3. Acceptance of Terms: By accessing the Application, you confirm your acceptance of these Terms. If you disagree with any part of these Terms, you should not use the Service or the Application.
4.4. Eligibility: The Service is only available to individuals aged 18 and over. If you are under 18 years of age, you may only use the Service with consent from a parent or guardian.
5 SUBSCRIPTION AND FEES
5.1. Subscription Fee: You acknowledge and agree that:
5.1.1. you must pay the subscription fee as stated (Subscription Fee) at the time of you register your account created for using and accessing the Application (Registration);
5.1.2. you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (Due Date). The Due Date is subject to change with prior notice by INCHECK FIT;
5.1.3. your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause 5; and
5.1.4. the Subscription Fee is subject to review by INCHECK FIT. Any changes to the Subscription Fee will be communicated to you in writing within a reasonable time before the Due Date via email or other reasonable means.
Your access to the Service is conditional on payment of the Subscription Fee (Subscription).
5.2. Payment processing: We or third parties authorised by us (such as Stripe) will process your Subscription Fee payments, which will be direct debited from your nominated financial institution or payment method. You must provide valid current payment information. If your initial payment authorisation is revoked or you fail to pay the Subscription Fee, your Subscription may be terminated in our discretion. All payments made by you are non-refundable.
5.3 Free trials: First-time users may be eligible for a free trial for a period in INCHECK FIT's discretion. Referral codes can extend this period for up to 30 days or any longer period in INCHECK FIT's discretion.
5.4. Cancellation by you: Your Subscription may be cancelled:
5.4.1. through account settings on the Application, which will then redirect you to Stripe (a third-party platform) to complete the cancellation; or
5.4.2 through either Apple or the Google Play store. Please note that since these are third-party platforms, we are unable to cancel these subscriptions on your behalf.
Upon cancellation, access to the Service will cease at the end of the current billing period.
5.5. Termination by us: You acknowledge and agree that INCHECK FIT may terminate your access to the Service as per these Terms whenever deemed necessary. You agree that in such cases of termination, no refund for the Subscription Fee will be issued.
6. LICENCE AND INTELLECTUAL PROPERTY
6.1. Licence: You are permitted to use the Application for your own personal non-commercial use subject to the following:
6.1.1. You must not misuse the Application, including but not limited to hacking, copying or distributing content without permission.
6.1.2. Unless stated otherwise and excluding content owned by third parties or their licensors, INCHECK FIT owns the Intellectual Property Rights in the Application and its content. These materials are protected by copyright laws and treaties worldwide, with all rights reserved. Any use of excerpts from the Application beyond what is permitted in paragraph 8.1 of these Terms is prohibited.
6.1.3 You are not permitted to use, disseminate or reproduce any materials from the Application for commercial purposes without first obtaining a license from us.
6.1.4 Except as otherwise stated in these Terms, the Application must not be used, and no part of it may be replicated or stored in any other application or incorporated into any public or private electronic retrieval system or service without our prior written consent.
6.2. INCHECK FIT's Property: The Services, along with all Intellectual Property provided by us, is the property of INCHECK FIT or our licensors (as applicable) and are protected by copyright, trademarks and other proprietary rights and laws relating to Intellectual Property. No provision in these Terms should be construed as granting any licence or right to use the Intellectual Property without our prior written consent.
6.3. Authorised content distribution: You acknowledge and agree that by submitting content in any form to the Services, we may authorise its distribution, syndication or publication on other INCHECK FIT-owned or operated environments or the web platforms of any of our affiliates.
6.4. Indemnity: You agree to indemnify us, and will keep us indemnified, against any breach of this section 6 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s Intellectual Property Rights have been breached in any way whatsoever.
7. SERVICE ACCESS
7.1. Application availability: INCHECK FIT does not undertake that the Application will be continuously available at all times. We will not be held responsible if the Application is unavailable or otherwise not fully or properly functioning at any time or for any period.
7.2. Temporary suspension: Temporary suspension of access to the Application may occur at any time, for any reason and without notice.
7.3. Information security: The transmission of information via any application, including the Application, is not completely secure. Despite our compliance with legal requirements to protect your information, we cannot guarantee the security of data transmitted to the Application. Any transmission is undertaken at your own risk.
8. LINKS TO AND FROM OTHER APPLICATIONS
8.1. Third-party applications: Third-party application or website links provided through the Services are for your sole convenience. Clicking on these links will take you away from the Services. We have not reviewed and do not control these third-party applications or websites, nor are we responsible for their content or availability. We do not endorse or make any representations about these applications or websites, their content, or the consequences of using them. Accessing any linked third-party applications or websites through the Services is done at your own risk.
8.2. Linking permission: You may link to the Services, provided that:
8.2.1. you engage in fair and lawful behaviour that does not harm or exploit our reputation;
8.2.2. you do not create a link from any application, website or other medium that you do not own, nor in a manner that implies an association with or endorsement by us, where none exists;
8.2.3. any Services to which you link must adhere to the content standards outlined in these Terms;
8.2.4. we reserve the right to revoke linking permission at any time and for any reason.
9. DIETARY REQUIREMENTS AND MEDICAL DISCLAIMER
9.1 Nutritional information and allergens: The dietary and meal plan services provided through the Services may include information about ingredients, allergens, nutritional values and other dietary considerations. While we use best endeavours to provide accurate and up-to-date information, we do not guarantee the completeness or accuracy of such information. Variations in brand formulations, preparation methods and ingredient substitutions may result in discrepancies.
9.2 User responsibility: It is your responsibility to verify the suitability of any meal plans, recipes or dietary recommendations provided through the Services, especially if you have specific dietary requirements or allergies. Always review ingredient lists, allergen information and nutritional labels on food products from the manufacturer before consumption.
9.3 Caloric and macronutrient variability: The caloric and macronutrient values provided in our meal plans and recipes are approximate and may vary based on the brands and types of ingredients you use, as well as portion sizes and preparation methods. Users are advised to perform their own due diligence and consult with a healthcare professional or dietitian as necessary.
9.4. General information: INCHECK FIT and the Services provide meal guides and dietary information and are not substitutes for professional medical advice. We do not provide any warranties or representations, whether express or implied, regarding the completeness, accuracy or suitability for any purpose of any information, content, product, or service contained in the Services. Users should consult medical or other healthcare professionals before starting any diet program or making dietary changes.
9.5. No medical advice: INCHECK FIT, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific diet on a medical condition. If you know or suspect that you may have any physical or medical condition, it is recommended that you seek the advice of a medical practitioner before using the Services.
10. GENERAL DISCLAIMERS
10.1. No warranty: INCHECK FIT does not guarantee that the Application or any other material accessible from it will be free from viruses, worms, trojans, malware or any other defects or errors that might impact your software or systems. You will be responsible for implementing your own security and system measures.
10.2. Limitation of liability: INCHECK FIT's liability is limited to the maximum extent permitted by law, including the Australian Consumer Law. We exclude all representations, warranties, conditions, undertakings and other terms regarding the Application and Service including any representations, warranties, conditions, undertakings and other terms that may otherwise apply to the Application or Service, or that may be implied or incorporated into these Terms by statute, common law or otherwise.
11. LIABILITY
11.1. General: These Terms do not waive or restrict our liability for any circumstances where such waiver or restriction is prohibited under applicable law, including the Australian Consumer Law, and they do not alter your statutory rights including those pertaining to consumer guarantees relevant to the provision of services outlined in these Terms.
11.2. Exclusion of liability: Except for your statutory rights under the Australian Consumer Law, we will not, under any circumstances, be liable to you for any claims arising from the Service or the Application, including but not limited to those arising from your use or inability to use the Service or the Application, whether in contract, tort (including negligence), breach of statutory duty or otherwise, or resulting from any violation of these Terms or any breach of your responsibilities, representations and warranties.
11.3. Additional costs: You are solely responsible for any additional or associated costs that may arise from your use of the Application. This includes, but is not limited to, costs related to servicing, repairing or adapting any equipment, software or data that you own, lease, license, or otherwise use.
11.4. Indemnity: You agree to indemnify and hold INCHECK FIT and its affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (including actual, special, and consequential damages) of any kind and nature, whether known or unknown, including legal fees incurred on an indemnity basis, brought by any third party as a result of or arising from your breach of these Terms, your use of the Service or Application or the terms and policies referenced therein, or your violation of any law or the rights of a third party.
12. ENDING ACCESS AND REMOVING CONTENT
12.1. We reserve the right, without prior notice and at our discretion, to:
12.1.1. terminate your access to the Services;
12.1.2. remove any information or other content from the Services;
12.1.3. prevent or limit access to the Services for you or any other user or group of users; or
12.1.4. intercept, remove or adjust any content stored on the Services.
12.2 The exercise of these rights does not diminish or impact our existing rights, claims or liabilities under these Terms. The sections of these Terms concerning Intellectual Property, privacy and termination consequences remain valid after the exercise of these rights and may be enforced at any time.
13. MODIFICATION OF TERMS
We reserve the right to modify these Terms at any time. Users are advised to review the Terms regularly. Continued use of the Application signifies acceptance of any changes.
14. GENERAL TERMS
14.1. Severability: If any provision of these Terms is deemed invalid, unlawful, or unenforceable to any extent by any competent authority, that specific term, condition, or provision will be severed from the remaining terms, conditions, and provisions. The remaining terms will continue to be valid to the fullest extent permitted by law.
14.2. Entire agreement: These Terms and any document expressly referred to in them record the entire agreement between you and us as to its subject matter. Any prior negotiations, agreements, arrangements, representations and understandings related to the subject matter of any contract are superseded by these Terms.
14.3. No waiver: Neither you nor us will interpret any failure or delay in enforcing (either fully or partially) any provision of these Terms as a waiver of your or our rights or remedies.
14.4. Assignment: You cannot assign any of your rights or duties under these Terms without our prior written approval. We reserve the right to assign any of our rights or duties under these Terms to any of our affiliates or to any person or entity, without your prior written approval.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms will be governed by and construed in accordance with the laws currently in force in South Australia. Each party consents to the non-exclusive jurisdiction of the Courts of, or exercising jurisdiction over, that State, and relinquishes any right it may have to argue that those Courts are an inconvenient forum.
15.2 The parties commit not to commence or endeavour to initiate any legal actions concerning disputes or matters arising from or connected to these Terms, except in a court situated in South Australia. For any proceedings in a Federal Court, they shall take place in the registry of the relevant Federal Court in South Australia. Without the consent of all parties, a party shall not seek to have proceedings initiated in a Federal Court in South Australia heard elsewhere.
