Terms and Conditions

These Terms and Conditions are effective as of 11 January 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
● Equalution Community Group Guidelines Addendum: the provisions in Schedule 1 form part of these
Terms and Conditions and create a legally binding agreement between you and Equalution where you sign
up to, or participate in, the Exclusive Community Group via Facebook.
Welcome to Equalution!
● We are the experts in science-based, customised nutrition, here to help you achieve your body
transformation goals, whilst enjoying the foods you love, building healthy habits and improving your
relationship with food.
● These Terms and Conditions and any other terms and documents expressly incorporated herein, each as
may be amended, supplemented or replaced from time to time (together, the Terms and Conditions) apply
to your use of (and subscription to) the Equalution website, sites or platforms held by a related bodies
corporate of Equalution, Equalution mobile application (Equalution App), blog, and or other products or
services, all of which are part of Equalution’s platform (together, the Platform).
● Elements of our Platform, including any goods and services provided on the Platform, may from time to be
provided through related bodies corporate of Equalution through sites or platforms held by those related
bodies corporate.
● These Terms and Conditions are entered into by and between you as a user (referred to as User, “you” or
“your”) and EQUALUTION PTY LTD (ACN 613 448 418) and its affiliates (referred to as Equalution,
“we”, “us” or “our”), and supersede and replace any terms and conditions of services that you may have
previously agreed with Equalution in connection with the Platform.
1. Consent
1.1 Your access to and use of the Platform constitutes your agreement to be bound by these Terms and
Conditions. The offering of the Platform to you is conditional on your acceptance of these Terms
and Conditions in conjunction with our privacy policy. For more details about Equalution’s
privacy practices, please refer to our privacy available at our website:
https://equalution.com/pages/privacy-policy (Privacy Policy).
1.2 If you do not agree to these Terms and Conditions or the Privacy Policy, you must not access or
use the Platform.

2. User
2.1 Eligibility
By accessing or using the Platform, you confirm that you are of legal age in your country and not
under 16 years old, or that you have consent from your parent or guardian, you or your guardian
have full power, capacity and authority to agree to the Terms and Conditions and have not been
previously suspended or removed from using the Platform.
If you are a parent or legal guardian permitting a Minor to access and/or use the Platform, you
agree to: (1) supervise the Minor’s use of the Platform; (2) assume all risks associated with, and
liabilities resulting from, the Minor’s use of the Platform; (3) ensure that the content on the
Platform is suitable for the Minor; (4) ensure all information submitted to us by the Minor is
accurate; and (5) provide the consents, representations and warranties contained in these Terms on
the Minor’s behalf.
2.2 User Account Creation
To use the Platform, you will need to create an account (User Account). You must provide basic
information when registering for a User Account including name, email address, and you must

choose a password. You will also be required to fill out a questionnaire to allow us to customise
our Program for you.
You must provide accurate, current and complete information during the registration process and
you must update such information to keep it accurate, current and complete.
You are responsible for keeping your User Account details and your password confidential and
you will be liable for all activity on your User Account, including purchases made using your
Account details, whether or not you authorised such activities or actions.
You will immediately notify us of any unauthorised use of your User Account.
Equalution may, at its sole discretion:
2.2.1 stipulate additional conditions and requirements for the opening or maintaining of a User
Account; and/or
2.2.2 refuse to create a User Account for you.
2.3 Account Security
You will be responsible for maintaining the security of your User Account access credentials, for
all activities that occur under the User Account and any other actions in relation to the User
Account (with or without your permission). We are not responsible for any loss or activity that
results from the unauthorised use of your account due to your failure to secure your access
credentials.
You should not share the access credentials of your User Account (including passwords) with any
other person or allow any other person to access your Account. You must immediately notify the
Equalution Accounts team in writing at accounts@equalution.com of any unauthorised use of your
User Account or any other breaches of security.
2.4 Account Suspension and termination
We will have the right to suspend access or to terminate your User Account, at any time and for
any reason (including where you are in breach of any of the provisions in these Terms and
Conditions), subject to Applicable Laws.
You acknowledge and agree that these Terms and Conditions continue to apply even after your
User Account expires or is terminated, or where you have stopped using the Platform.

3. Subscription Service
3.1 Subscription
3.1.1 You can choose to subscribe to the Platform based on specific billing periods, options
include weekly, every 2 months, 3 months or 6 months for the Premium Plan and every 1
month, 3 months or 6 months for the Standard Plan, or for such other periods that we may
offer from time to time, and the applicable fees are set forth on our website
(https://equalution.com/pages/programs) or on the sign up page via My Account –
Equalution), or on the applicable app store from which the Equalution App can be
downloaded.
3.1.2 Eligibility for any promotions or discounts is ascertained at the time you subscribe and
cannot be changed during the term of your subscription. You are responsible for reading

and understanding the specific terms and conditions applicable to any promotions or
discounts.
3.1.3 We reserve the right to revise and update the applicable fees for subscriptions, and the
different subscription packages available, at any time at its sole discretion. Any such
revision or updates to the fees will apply prospectively to any subscription entered into
following the effective date of the fee revision or update.

3.2 Minimum subscription period
3.2.1 If you have signed up to our weekly subscription, it is mandatory that you commit to a
minimum of 8 weeks (Minimum Period). Except as provided under our 7-day money-
back guarantee, during the Minimum Period you will not be eligible for a subscription
termination / cancellation due to change of mind. For the avoidance of doubt, this clause
3.2.1 will not apply for users who have signed up for 2 month, 3 month or 6 month
subscriptions.
3.2.2 We may (in our absolute discretion) agree to pause your subscription in circumstances
which arise that are outside your control (for example if you fall pregnant, become unwell
or experience financial hardship). If you are on our weekly membership, the 8 week
minimum term must be met. Then, the balance of the unused term will then be credited to
a subsequent term should you re-join the Platform at a later date.
3.2.3 On reactivation of a subscription, following a period of 4 weeks of inactive membership,
it is mandatory you again commit to a minimum of 8 weeks. During this period you will
not be eligible for a subscription termination / cancellation due to change of mind.
3.2.4 For the avoidance of doubt, if you cancel your subscription within the Minimum Period,
the full fee for a total of 8 weeks will be payable by you.

3.3 Free trials
Equalution does not offer free trials to users. In the future we may provide a free trial subscription
for a fixed period of time, however, this will be determined by Equalution at its sole discretion.
3.4 Payment details
Fees for your subscription are paid by Direct Debit using a valid debit or credit card.
3.5 Setting up a valid payment method
When you purchase a subscription and set up your User Account, you must provide us with
complete and accurate payment information. Should your payment details change you must notify
us immediately by updating your valid card details through your User Account
(https://myaccount.equalution.com).
3.6 Foreign Currency & International Fee
Your subscription is payable in Australian Dollars (AUD), the price of your subscription may
differ depending on your country of residence, this will vary due to exchange rates at time of
payment collection.
Certain banks and credit card issuers may charge a foreign transaction fee on transactions. You are
responsible for paying any such fees.

3.7 Direct Debit
By accepting these terms, you:
3.7.1 request and authorise us to debit funds from your provided card;
3.7.2 confirm that you are authorised to operate the nominated card;
3.7.3 acknowledge and agree that the debit or charge will be processed by Equalution’s
financial institution and Payment processing provider; and
3.7.4 acknowledge that the amount to be debited consists of fees (as set out in the relevant
terms and conditions and on the Equalution website, which may change from time to time
with prior notice to you increase periodically).
If your direct debit day falls on a day that is not a banking day, we may direct your financial
institution to debit your account on the following banking day. If you are unsure about which day
your account has or will be debited you should ask your financial institution.
We may vary any details related to your direct debit at any time by giving you at least seven (7)
days written notice.
3.8 Automatic renewal of subscription
3.8.1 If you have signed up to our 1 month, 2 month, 3 month or 6 month subscription, your
subscription will automatically renew unless your cancellation is confirmed before your
next billing date. You acknowledge that should you fail to cancel your subscription prior
to the end of the current billing period, you risk the next direct debit being taken which
we will not be obligated to refund.
3.8.2 If you have signed up to our weekly subscription plan, you acknowledge that once the
Minimum Term has been met, your account will continue to be debited each week until
cancellation is confirmed.
3.9 Subscription payment holds
3.9.1 Your subscription can be placed on hold for up to twelve (12) weeks. A request must be
made via the ‘Go On Hold’ function within the “Settings” screen in your app.
3.9.2 We can put your subscription on hold for a minimum of one (1) week, and a maximum of
twelve (12) weeks in any twelve (12) month period where we provide the program to you.
3.9.3 During the hold, we will not provide the program to you and you will not be required to
pay us the subscription fee.
3.9.4 During a hold period you will not have access to the Equalution App, including the self
tracking features, your user history, meal plans, past support chats and your results
submitted whilst being an active subscriber i.e. measurements and progress photos.

3.10 Cancellation and refund of subscription fees
3.10.1 You may submit a cancellation notice at any time via the “Settings” screen in your app. If
you are paying via a weekly subscription, any applicable minimum terms (for example,
the 8 week minimum term) must be met before this cancellation is actioned. You will still

be entitled to access the subscription services on the Platform for the remainder of the
duration that you have paid for.
3.10.2 Once your subscription has been cancelled and your final billing date has passed, you will
no longer have access to the Equalution App (including tracking features, your user
history, meal plans, past support chats and your results submitted whilst being an active
subscriber i.e. measurements and progress photos.
3.10.3 To the maximum extent permitted by law and the 7-day money-back guarantee set out in
clause 3.10.7, the subscription fee is non-refundable.
3.10.4 The subscription fee includes GST. You are responsible for all taxes, levies or duties
imposed by taxing authorities in your own country, and you shall be responsible for
payment of them. We have no responsibility to them on your behalf.
3.10.5 Subject to clause 3.10.7, refunds of the subscription fee are otherwise non-refundable for
change of mind circumstances.
3.10.6 You acknowledge that all relevant information in respect of our service (including the 1x
meal plan provided per week on our base plan) are clearly and transparently expressed on
our Platform and/or website. Refunds will not be provided where you have misunderstood
information that is expressly provided on the Platform and/or our website.
3.10.7 Money back guarantee
(i) Equalution is committed to providing customer satisfaction. If you are not
satisfied with our services within the first 7 days of your subscription purchase,
for any reason, we will provide you with a refund.
(ii) To be eligible for a refund under our 7-day money back guarantee, you must
send an email to accounts@equalution.com within 7 days of the date of purchase
and request to cancel your User Account. Please ensure your request includes
your name and account number. Upon receipt of your request, we will cancel
your User Account, and process your refund within 5-10 business days. For the
avoidance of any doubt, in order to exercise the money back guarantee, you
must follow the steps outlined in these Terms and Conditions and that a
cancellation notice via the App will not be a valid request.
(iii) Please note that this guarantee only applies to your first purchase or subscription
of our services. For any subsequent purchase, or in circumstances where you
reactivate your account or subscription, you will not be eligible for a refund
under this guarantee. We reserve the right to request further information from
you to verify your details in the event a money back guarantee request is made.

3.11 Online Promotional Vouchers and Codes
3.11.1 We may from time to time issue promotional codes and/or vouchers on our Platform in
relation to our Services.
3.11.2 All online promotional codes and/or vouchers are for online use only and a limit of one
code/voucher per customer, per transaction is applied.
3.11.3 Promotional codes and/or vouchers cannot be used in conjunction without promotional
codes and/or vouchers including recurring subscriptions and Orders which have already
been discounted.

3.11.4 We reserve the right to limit or decline any transaction if the transaction does not comply
with the promotional limits set out in this subclause.

3.12 Payment queries
You should check your bank account statement to verify that the amounts debited from your
account are correct. If you believe that there has been an error in debiting your account, you should
notify us directly by emailing us at accounts@equalution.com. Alternatively you can contact your
financial institution for assistance.
If we conclude as a result of our investigations that your account has been incorrectly debited we
will respond to your query by arranging within a reasonable period for your financial institution to
adjust your account (including interest and charges) accordingly. We will also notify you in
writing of the amount by which your account has been adjusted.
If we conclude as a result of our investigations that your account has not been incorrectly debited
we will respond to your query by providing you with reasons and any evidence for this finding in
writing.
You should check:
3.12.1 with your financial institution whether direct debiting is available from your account as
direct debiting is not available on all accounts offered by financial institutions;
3.12.2 your account details which you have provided to us are correct by checking them against
a recent account statement; and
3.12.3 with your financial institution before completing the Direct Debit Request if you have any
queries about how to complete the Direct Debit Request.

3.13 Failure to Pay
If any payment is not made in accordance with these Terms, we may (at our absolute discretion)
immediately cease providing you with access to the Platform and recover, as a debt due and
immediately payable from you, our additional costs of doing so.

4. Product Orders
4.1 Orders
4.1.1 You may place orders for the purchase of products which may be listed on our Platform
from time to time (Order). In making an Order represents an intention to purchase the
relevant product for the price specified for that product (Product Price) together with any
delivery fees and applicable taxes.
4.1.2 When you place an order to purchase products from our Platform (Order) you must
provide your full name, contact details, billing address and shipping address.
4.1.3 It is your responsibility to ensure that the information you provide us in making an Order
is accurate and complete to avoid delays in Delivery of the product.

4.2 Payment
4.2.1 In consideration for the Order, you will be charged the Product Price (including any
delivery fees and applicable taxes) for each product included in your Order.

4.2.2 With the exception of deferred payment methods (including but not limited to AfterPay,
Klarna or PayPal), you must pay the full purchase price when you place your Order.
4.2.3 All payments made in respect of an Order must be made electronic funds transfer or
through and must not be made through any fraudulent or unlawful means.
4.2.4 Products Prices are made available on our Platform, together with all delivery fees and
taxes. Prices are listed in Australian Dollars (AUD).
4.2.5 We reserve the right to modify the Product Price of products from time to time and may
do so without notice to you.

4.3 Delivery
4.3.1 Acceptance of your Order takes place when we dispatch the products you have ordered
for delivery.
4.3.2 Orders are ordinarily dispatched within 24 business hours. We will confirm the dispatch
of your Order by sending you email confirmation. This email confirmation also serves as
evidence that we have dispatched your Order to you and that a contract has formed
between us in relation to the sale and purchase of the products contained in your Order.
4.3.3 We make no warranty as to the time of delivery or availability of any products and will
not be responsible for any delays in delivery.
4.3.4 The risk of loss or damage to any products passes to you when the products in respect of
your Order are dispatched to you and left our warehouses. Ownership of the products
passes to you once we have received full payment of all sums due in respect of the
products, including delivery charges and taxes.

4.4 Cancellation
We may cancel the whole or any part of an Order made by you at any time without any liability,
including after acceptance of the Order.

5. Use of the platform
5.1 Our Platform is for your personal use only
We’ve designed our Platform for you to use it personally, and not on a commercial basis. You
must not use our Platform, or any of our Content, for your commercial purposes, including, for
example, to advertise your own business or for any other revenue generation activity.
5.2 Platform information
5.2.1 We are not responsible for the accuracy and completeness of any information made available on our
Platform. The material provided on our Platform is for general information only and should not be
relied upon without consulting other more accurate, more complete or timely sources of
information. Any reliance on the material contained on our Platform is at your own risk.
5.2.2 We reserve the right to modify the contents of the Platform including any information made
available on the Platform, but we have no obligation to update any information on the Platform. It is
your responsibility to monitor changes to the Platform, reliance on which is at your own risk.

5.3 Competitors are excluded from using our Platform

You are prohibited from using our Platform, including our content, in any way that competes with
our business.
5.4 Prohibited Conduct
By using the Platform, you confirm that you will not use the Platform for any of the following:
5.4.1 Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful
activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or
information; or (iii) otherwise violates, or could possibly violate, any civil and common
laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws,
ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions
and judgments of any government, quasi-government, statutory, administrative or
regulatory body, court, agency or association by which Equalution or the User are bound
in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).
5.4.2 Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or
inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the
Platform any malware, virus, trojan horse, worms, logic bombs or any other programme
that would otherwise result in any technical glitch, malfunction, failure, delay, default or
security breach; (iii) attempts to gain unauthorised access, whether through password
mining or otherwise, to other User Accounts, computing systems or networks connected
to the Trading Platform; (iv) undermines the security or integrity of the computing
systems or networks on which the Platform is hosted; (v) attempts to modify, copy,
reproduce, reverse engineer or decompile the Platform or the computer programs used to
deliver the Platform; (vi) uses the User Account information of another person to access
or use the Platform; or (vii) transfers access or rights to your User Account to a third
party.
5.4.3 Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or
otherwise violates or infringes the legal rights (such as, but not limited to, rights of
privacy, publicity and intellectual property) of any other person; (ii) incites, threatens,
facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any
other person; or (iii) harvests or otherwise collects information from the Platform about
other Users including addresses, phone numbers, email addresses and credit card details.
5.4.4 Fraud – any act that: (i) attempts to defraud us or any other person; or (ii) provides false,
inaccurate or misleading information to us.

5.5 Contributed Content
5.5.1 You are solely responsible for all content or materials that you submit or otherwise upload
to or through the Platform or to us (including any information contributed as part of
check-in, or shared by you in respect to forum discussions or support chats, and any
comments, feedback or ideas that you send to us) (Contributed Content) and expressly
agree not to submit or upload any Contributed Content which:
(i) contains material that is defamatory, discriminatory, obscene, indecent, abusive,
racist, offensive, harassing, violent, hateful, inflammatory or is otherwise
objectionable or illegal;
(ii) you know not to be true and honest, or which spreads false or misleading
statements;

(iii) you do not have the right to submit or upload, including where the content may
infringe any Intellectual Property Rights of any party;
(iv) impersonates any person or entity or otherwise associates, infers or
misrepresents the User’s affiliation with a person or entity;
(v) contains the personal details or confidential information of any third party unless
that third party has expressly consented to such use and disclosure;
(vi) contains, or links to, viruses, corrupted data or other harmful, disruptive or
destructive files;
(vii) constitutes unsolicited promotions, campaigning, advertising or solicitations, or
other types of content which constitute “spam”;
(viii) may expose us or other Users to any harm or liability of any kind; or
(ix) is contrary to any Applicable Laws.
5.5.2 We have the right, but not the obligation, to monitor all conduct and content submitted to
or through the Platform, and may in our sole discretion: (i) refuse to publish, remove or
disable access to Contributed Content that it considers breaches these Terms and
Conditions; or (ii) suspend or discontinue your opportunity to submit, post or upload
content to the Platform.
5.5.3 If you believe that any Contributed Content violates these Terms and Conditions or any
Applicable Laws, including any copyright laws, you should report it to our team at
info@equalution.com.
6. Availability of Services, Security
6.1 Platform Availability
We shall make reasonable efforts to ensure that the Platform is available to you. However, access
to the Platform may be disrupted from time to time due to necessary maintenance, technical issues,
network and system overloads or events outside of our control. We will use commercially
reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or
any part thereof is unavailable at any time or for any period.
6.2 Modification of Services
We reserve the right at any time to modify or discontinue the Service (or any part of the Service)
and/or the Platform without notice to you.
We will not be liable to you or any third party for any modification, suspension or discontinuance
of the Services and/or the Platform.
6.3 Antivirus
You acknowledge and agree that you are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data
input and output, and for maintaining a means external to the Platform for any reconstruction of
any lost data.

6.4 Technical liability
You acknowledge and agree that we shall not have any liability or be responsible in any way for:
(a) your use of the internet to connect to the Platform or any technical problems, system failures or
security breaches; (b) the hardware that you use to access the Platform (including in respect of
viruses and malicious software, and any inappropriate material) and the integrity and proper
storage of any of your data associated with the Platform that is stored on your own hardware; or
(c) any fees you may incur in order to connect to the internet for the purpose of using or accessing
the Platform.
You are responsible for scanning any information for viruses.
6.5 Notification
You must immediately notify us at info@equalution.com in the event that you become aware of
any part of the Platform malfunctioning or if you otherwise experience any material malfunction or
other connectivity problem that adversely affects your access to or use of the Platform.
6.6 App Updates
Users may also be required to download and install updates to the Equalution App so as to
maintain access to the Platform and its services. A User’s failure to do so might lead to certain
services offered on the Platform becoming temporarily inaccessible to the User until such an
update has been downloaded and installed.

7. Intellectual Property, Use Licence
7.1 Our ownership of the Platform
All of the patents, trademarks, logos, trading names, rights in domain names, copyrights, moral
rights, design rights, database rights, rights in undisclosed or confidential information (such as
know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual
property rights (whether registered or not)) and applications for such rights as may exist anywhere
in the world (collectively, Intellectual Property Rights) in the Platform and the material published
on and through it (except the Contributed Content) are owned by us, our licensors and other
providers of such material and are protected by Applicable Laws. You may not engage in any
activity on or through the Platform, including transmitting or using Contributed Content, that
infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
7.2 User’s licence to use Platform
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use
our Platform in accordance with these Terms and Conditions. All other uses are prohibited without
our prior written consent.
7.3 Contributed Content
7.3.1 By posting or otherwise providing Contributed Content, you grant us a non‐exclusive,
royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and
right to use (including commercial use), distribute, reproduce, display and otherwise make
available such Contributed Content on and through the Platform (and across different
media for any purpose) and you waive (and to the extent that you cannot so waive agree
irrevocably not to assert) any and all moral rights to which you may be entitled anywhere
in the world in respect of such Contributed Content.

7.3.2 You represent and warrant that you own and control all of the rights to the Contributed
Content, and have the lawful right to post or otherwise provide such Contributed Content
on and through the Platform and otherwise provide us with such Contributed Content.

7.4 Intellectual Property Rights
7.4.1 You acknowledge that the copyright in the Platform, the software, design, text and
graphics comprised in the Platform, the selection and layout of the Platform and the
content and materials on the Platform (together, the Material) are owned by or licensed to
us.
7.4.2 You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post,
transmit, sell, distribute in any way or communicate to the public a Material without our
prior written consent.
7.4.3 You must not frame or embed in another website any of the material appearing on this
Site without our prior written consent.
7.4.4 You may store a reproduction of the content of the Platform on your local computer or
device for the sole purpose of viewing the content and Materials and you may print hard
copies of the content and Materials for the sole purpose of viewing and using the Platform
but not for any other use, including commercial use.

8. Third party services and content
Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do
not control, endorse or approve, and are not responsible for, the content on those websites. We recommend
that you make your own investigations with respect to the suitability of those websites.
Your dealings or correspondence with such third parties are solely between you and the third party. We’re
not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and
you understand that your use of Third Party Content, and your interactions with third parties, is at your own
risk.
9. Changes And Updates To Platform, Terms and Conditions
9.1 If we discontinue our Platform
We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We
may also exclude any person from using our Platform, at any time and at our sole discretion. We
are not responsible for any liability you may suffer arising from or in connection with any such
discontinuance or exclusion.
9.2 Changes to Terms and Conditions
We recommend you check our Platform regularly to ensure you are aware of our current terms.
Materials and information on this Platform (Content) are subject to change without notice. We do
not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or
out-of-date.

10. Complaints, Governing Law and Dispute Resolution
10.1 Complaints & Concerns

If you would like to give us feedback, please contact us – we appreciate your input. In the event of
any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is
a Dispute must give written notice to the other party setting out the details of the Dispute and
proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior
executives or senior managers (who have the authority to reach a resolution on behalf of the party),
meet at least once to attempt to resolve the Dispute or agree on the method of resolving the
Dispute by other means, in good faith. All aspects of every such conference, except the fact of the
occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the
Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after
receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other
party) to litigation.
10.2 Governing Law
Your use of our Platform and these Terms are governed by the laws of New South Wales and the
Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts operating in New South Wales and the Commonwealth of Australia and
any courts entitled to hear appeals from those courts and waive any right to object to proceedings
being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that
our Platform complies with the laws (including intellectual property laws) of any country outside
Australia. If you access our Platform from outside Australia, you do so at your own risk and are
responsible for complying with the laws of the jurisdiction where you access our Platform.

11. Warranty and Liability
11.1 We accept liability for all legal guarantees and warranties expressed or implied to the transactions
under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010
(Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each
State and Territory) the effect of which cannot be excluded.
11.2 Where we are permitted by law (and subject to clause 10.1):
11.2.1 we do not warrant or represent the suitability of the Platform for any purpose; and
11.2.2 we will not be liable to you for indirect and consequential loss (including without
limitation for loss of revenue, loss of profits, failure to realise expected profits or savings
and any other commercial or economic loss of any kind) or loss or corruption of data, in
contract, tort, under any statute or otherwise (including negligence) arising from or
connected to the Platform.

11.3 To the extent permitted by the Australian Consumer Law any other law, our liability in connection
with this agreement and the Platform is limited to the Subscription fee.
11.4 To the extent permitted by the Australian Consumer Law any other law, you release and indemnify
us in respect of all claims and losses in connection with this agreement or the Platform, unless
caused by our gross negligence.
11.5 Our liability to you for loss or damage of any kind arising out of this agreement or in connection
with the relationship established by it is reduced to the extent (if any) that you cause or contribute
to the loss or damage. This reduction applies whether our liability is in contract, tort (including
negligence), under any statute or otherwise.

12. Notice Regarding Apple
12.1 To the extent that you are using or accessing our Platform on an iOS device, you further
acknowledge and agree to the terms of this clause. You acknowledge that these Terms and
Conditions are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible
for the Platform and any content available on the Platform.
12.2 Apple has no obligation to furnish you with any maintenance and support services with respect to
our Platform.
12.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and
Apple will refund the purchase price of the mobile application to you. To the maximum extent
permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect
to the mobile application and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be our responsibility.
12.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile
application or your use of our mobile application, including but not limited to (1) product liability
claims; (2) any claim that our mobile application fails to conform to any applicable legal or
regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
12.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party
claim that our mobile application infringes that third party’s intellectual property rights.
12.6 You agree to comply with any applicable third-party terms when using our mobile application.
12.7 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your
acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as a third-party beneficiary of these Terms.
12.8 You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or
restricted parties.
13. Standard Plan
13.1 Automatic renewal
If you have signed up to the Standard Plan, your subscription will automatically renew unless your
cancellation is confirmed before your next billing date. You acknowledge that should you fail to
cancel your subscription prior to the end of the current billing period, you risk the next direct debit
being taken which we will not be obligated to refund.
13.2 International Clients not eligible
Clients who live outside of Australia are not eligible to sign up or participate in the Standard Plan.
13.3 Medical Clients not eligible
If you have or develop an ailment which requires medical intervention, we advise that you do not
sign up to the Standard Plan and recommend that you sign up to our “Premium Plan” on the basis
that additional support can be provided by our dieticians (but remaining subject to clause 13.2).
13.4 No minimum commitment

Any Minimum Subscription Periods set out in clause 3.2 (or anywhere else in these Terms and
Conditions) must be served in full prior to you commencing the Standard Plan.

14. General
14.1 Data Privacy
We will only use your personal information as set out in our Privacy Policy (as amended from time
to time) this is available on our website: https://equalution.com/pages/privacy-policy. By
providing personal information to us, you consent to us collecting, holding, using and disclosing
your personal information in accordance with our Privacy Policy.
14.2 Medical Disclaimer
14.2.1 Neither we nor our personnel are medical practitioners, and do not give medical advice,
treatment or diagnoses.
14.2.2 Our Content, and any other information provided through the Platform is intended to
assist you with your weight loss, weight management or weight gain, and your body
transformation journey.
14.2.3 You acknowledge and agree that nothing in the Platform or in the Subscription we
provide may be taken to be medical advice, treatment or a diagnosis by us or our
representatives, nor are they intended to be a substitute for consulting a medical
practitioner.
14.2.4 You acknowledge and agree that the Platform may not consider all of your personal
attributes, medical conditions or circumstances, and in some cases may not be accurate
for you.
14.3 Breastfeeding
14.3.1 In addition clause 12.2, we give no warranties that our program and the Platform is
suitable for tailored advice in respect of breastfeeding.
14.3.2 You expressly release us from any liability in respect of your specific needs where you
are breastfeeding.
14.3.3 If you are breastfeeding, you agree to notify your nutrition coach via your in-app support
chat detailing how often you are feeding / expressing each day.

14.4 Terminating these Terms
14.4.1 We may terminate any subscription and/or this agreement at our sole discretion at any
time. Without qualifying the foregoing, we may immediately suspend, terminate or limit
your access to and use of the Platform and (where relevant) your account if we suspect
that you have committed a fraudulent act and/or you have, or you intend to, breach these
terms and conditions.
14.4.2 Any cancellation by us in circumstances where you are not in default of your obligations
under these terms and conditions will take effect at the conclusion of the then current term
billing period (as applicable).
14.4.3 Any cancellation by us in circumstances where you are either in material default of your
obligations under these terms and conditions, or are in default of a non-material obligation

which you fail to remedy within five days of being notified of the default by us, will be of
immediate effect.
14.4.4 In the event a subscription, and/or any agreement arising under or in connection with
these terms and conditions is cancelled, we may take such steps as it deems necessary to
ensure you cease using or accessing, or having any ability to use or access, the Platform,
including but not limited to deactivating your account and blocking your access.

14.5 Assignment
14.5.1 You may not assign, transfer or delegate your rights and obligations under these Terms
and Conditions without our prior written consent.
14.5.2 We may without restriction assign, transfer or delegate our rights and obligations under
these Terms and Conditions with 30 days prior notice.

14.6 Variation
14.6.1 We may modify these Terms and Conditions from time to time by notifying you by email
or the Platform. By continuing to use the Platform after such modification, you agree to
the amended terms.
14.6.2 If you do not agree to the modifications, you must terminate your Account and stop using
the Platform.
14.6.3 In the event that we modify these Terms and Conditions during the minimum subscription
period, you may terminate your Account without paying us any future subscription fees.

15. New Year, New You Challenge
15.1 The Promoter is: Equalution Pty. Ltd (ACN 613 448 418) will be hereafter jointly referred to as
the ‘Promoter.’
15.2 Employees of the Promoter, their family members or anyone else connected in any way with the
competition or helping to set up the competition shall not be permitted to enter the competition.
15.3 To enter the competition an entrant must be an active member.
15.4 Closing date for entry will be 11.59pm (AEDT) Friday 25th March 2024. After this date no further
entries to the competition will be permitted.
15.5 No responsibility can be accepted for entries not received for whatever reason.
15.6 The Promoter reserves the right to cancel or amend the competition and these terms and conditions
without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any
actual or anticipated breach of any applicable law or regulation or any other event outside of the
Promoter’s control. Any changes to the competition will be notified to entrants as soon as possible
by the Promoter.
15.7 The Promoter is not responsible for inaccurate prize details supplied to any entrant by any third
party connected with this competition.
15.8 No cash alternative to the prizes will be offered. The prizes are not transferable. Prize will be
deliver in the form of a voucher to the value of $5,000. Prizes are subject to availability and we
reserve the right to substitute any prize with another of equivalent value without giving notice.

15.9 Our internal panel of judges will select winner based on the selection criteria outlined on the
Challenge promotional page.
15.10 The winner will be notified by email and/or letter within 28 days of the closing date. If the winner
cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to
withdraw the prize from the winner and pick a replacement winner.
15.11 The Promoter will notify the winner when and where the prize can be collected.
15.12 The Promoter’s decision in respect of all matters to do with the competition will be final and no
correspondence will be entered into.
15.13 By entering this competition, an entrant is indicating his/her acceptance and agreement to be
bound by these terms and conditions.
15.14 The competition and these terms and conditions will be governed by Australian law and any
disputes will be subject to the exclusive jurisdiction of the courts of Australia.
15.15 The winner agrees to the use of his/her name and image in any publicity material. Any personal
data relating to the winner or any other entrants will be used solely in accordance with current
Australian data protection legislation and will not be disclosed to a third party without the entrant’s
prior consent.
15.16 The winner’s name will be published on our website.
15.17 This promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook, Twitter or any other Social Network. You are providing your information to the
Promoter and not to any other party.

SCHEDULE 1 – EQUALUTION COMMUNITY GROUP GUIDELINES ADDENDUM
The Equalution Facebook Community Group is exclusive to our active community and we hope it becomes a place
that connects, inspires and motivates you in your body transformation!
We encourage users to post content that is helpful to others throughout their journey! As much as we want this to be
a place for freely discussing all things body transformation, we do want to respect the privacy and experience of
each other and ensure there’s no issues or confusion, we have a few simple guidelines we ask all users to adhere to.
These guidelines form part of the Terms and Conditions. Please also refer to our Privacy Policy.
General Rules
1. Always be polite and respectful towards others.
2. Do not share or discuss your individual calories/macros and meal plan – remember each of you have
different needs that are unique and customised to you, while some may be similar, not all are created alike.
3. Do not screen shot or swap plans on the page, again, your plan is made only for you!
4. No swearing or abusive language – be ladies and gentlemen Equalutioners!
5. No bullying/harassment, malicious comments, negativity or putting each other down – we want this
community to be inspiring and uplifting; do not use it as a place for sharing negative views which can
impact another’s journey.
6. No self promotion or business advertisements – keep it relevant.
7. Overall feel free to ask one another about macro friendly meals and recipes which we will also share freely,
motivate one another, share your wins and progress!
If you find a post that you feel violates these guidelines, please flag it by reporting the comment to a member of the
Equalution team info@equaltuion.com.
If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete
your posts in the page and/or suspend your access to the Community Group for a period of time or indefinitely, this
decision will be made at our sole discretion.
For any questions and notices, please contact us at:
EQUALUTION PTY LTD ACN 613 448 418
Email: info@equalution.com
Last update: 11th January 2024