POLICIES AND TERMS
At Brahami Pty Ltd (“Brahami Group”), ABN 98 099 615 264, we respect your privacy and is dedicated to keeping your details safe and private. When you become a client of BeTrim® (as part of the Brahami Group) you provide us with personal information, such as your name, address and phone number and health history. We use this information in order to be able to provide you with the correct products and services. If you do not provide the correct information on our forms, we may not be able to provide the correct services and product. We will not pass on or sell any of your personal information to other parties, unless:-
the law requires us to do so,
you have requested us to do so, eg to your Doctor
The Brahami group will send you promotional material at certain times. If you would prefer not to receive such material, please let us know in writing or contact us at any time to let us know. If you think our records may be inaccurate, incomplete or out-of-date, it is important that you contact us so we can correct our records.
Subject to any legal restrictions, you may access your personal information by contacting us at any time. If your request is complex or requires detailed searching of our records, we may charge for this service. We will notify you prior to commencing our records retrieval if any charge is to apply. You can also tell us at any time not to pass on your personal information by advising us in writing.
Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.
We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
To find out more about rights and remedies for breaches of privacy, you can visit the Privacy Commissioner’s website at www.privacy.gov.au or contact the Privacy Commissioner’s hotline on 1300 363 992.
What do you do if you have a complaint?
If you have a complaint, then we would like to hear from you immediately. Please call us on 02 9150 0311 and we are happy to speak to you to resolve any issues. Alternatively, you may write to our Compliance Manager:
The Compliance Manager
Level 1, Suite 1B,
322 Kingsgrove Road,
Kingsgrove NSW 2208
We will send you an acknowledgement upon receipt of a written complaint. Generally, we endeavour to deal with complaints within 30 business days.
Please choose your products or service carefully. We do not normally give refunds if you simply change your mind or make a wrong decision. You can choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or doesn’t do what it is supposed to do.
BeTrim Money Back Guarantee
At BeTrim we are so confident that our weight loss program will get you the results you want, that we are willing to back it with a money back guarantee, with one caveat:
If you follow your weight loss program precisely (and follow all of your consultant’s instructions) and you do not reach your weight loss target, you are entitled to request your money back*.
Similarly, if you are advised by your doctor that you are unsuitable for the BeTrim program due to medical reasons, your money will be refunded *.
*excluding the cost or your supplements and 5% of your overall fee. Any advice received by your doctor or other specialist, needs to be provided to us in writing.
BeTrim Virtual Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR BETRIM PROGRAMS AND OFFERINGS CAREFULLY.
By using our Website and/or one of our online BeTrim Programs or offerings (collectively, our “BeTrim Programs”), you agree to the terms and conditions set forth in this Subscription Agreement (this “Agreement”).
We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using this Website or our BeTrim Programs after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Website and/or our BeTrim Programs and you should arrange to cancel your subscription with us, as applicable.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the Australian website which is owned or operated by Brahami Pty Ltd t/a BeTrim (ABN tba) (referred to herein as “BeTrim.com.au”) and our Affiliates (collectively, “we”, “us” or “our”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website”) and all of the BeTrim Programs that we may offer currently or in the future.
For purposes of this Agreement, “Affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, BeTrim.com.au, including, without limitation, BeTrim.com.au (“BeTrim.com.au”)
2. Your Use of this Website and BeTrim Programs
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the BeTrim Programs that you subscribed to, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a community user of, or subscriber to, this Website and/or our BeTrim Programs.
You understand that only you may use your user account and password and that your subscription to our BeTrim Programs is only valid for your personal, non-commercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of BeTrim Programs subscribed to by you.
By using this Website and/or our BeTrim Programs, you agree to be legally bound and to abide by this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our BeTrim Programs. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our BeTrim Programs, including, but not limited to, (i) restricting the time the Website and/or a Program is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or any of our BeTrim Programs. You agree that any termination or cancellation of your access to or use of, the Website and/or our BeTrim Programs may be effected without prior notice to you.
If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access by you to such information and/or files, our Website (or part thereof) and/or our BeTrim Programs.
Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our BeTrim Programs, except for a refund of any fees or charges prepaid by you with respect to our BeTrim Programs in accordance with paragraph 4 of this Agreement.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website or our BeTrim Programs, including without limitation any change in content or any change in the amount or type of fees or charges associated with the BeTrim Programs, is to cancel or terminate your subscription or account, as applicable (subject to the rights you may have under the applicable consumer trade practices laws).
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that any such Additional Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for BeTrim Programs
Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to one of our BeTrim Programs. As a subscriber to one of our BeTrim Programs, you agree as follows:
You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Website (such as a fixed Sign Up Fee and the Upfront program fee), applicable taxes, and other charges and fees incurred in order to access our BeTrim Programs. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Each time you use our BeTrim Programs you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our BeTrim Programs. If you purchased a multiple-period prepayment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the relevant renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.
All fixed and periodic charges and fees for our BeTrim Programs are quoted in Australian dollars and are inclusive of any applicable GST, except where otherwise stated. Your periodic charges may vary depending on exchange rates.
In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our BeTrim Programs, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our BeTrim Programs. In addition, if you are a New Zealand resident, your credit card issuer may impose a foreign exchange transaction fee each time we charge you for our BeTrim Programs.
For the purposes of your use of our BeTrim Programs, including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our BeTrim Programs (“Subscription Data”), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us, to keep it accurate at all times. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our BeTrim Programs. You are obligated to check the “My Profile” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorised use of your subscription until you update your Subscription Data. If your credit card expires, is cancelled, is lost or is subject to use without your authorisation, access the My Profile feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorised by you.
Except for special circumstances, there is no refund of any pre-paid BeTrim program.
4. Privacy and Security
5. Health Disclaimer
This Website and our BeTrim Programs provide weight loss management and information applications and content published over the Internet and are intended only to assist users in their personal weight loss efforts. BeTrim.com.au is not a medical organisation and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor. You are urged and advised to seek the advice of a medical doctor before beginning any weight loss effort or regime. This Website is intended for use only by healthy adult individuals.
The Website is not intended for use by children, pregnant women, or individuals with any type of health condition without consultation with your health professional.
Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. BeTrim’s consultants are willing to work with your health professional to help you achieve your goals within your health constraints.
For more information, you should review our Health Notice, which is incorporated into this Agreement by this reference.
6. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Subject to the rights you may have under relevant consumer laws and guarantees, if any, the products, offerings, content and materials (including, without limitation, the BeTrim Programs) on this website are provided “as is” and without warranties of any kind, either express or implied. Subject to the rights you may have under relevant consumer laws and guarantees, if any, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.
Neither BeTrim.com.au, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Subject to the rights you may have under relevant consumer laws and guarantees, if any, any product, offering, content and material (including, without limitation, the BeTrim programs) downloaded or otherwise obtained through the use of this website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material (including, without limitation, the BeTrim programs).
Subject to the rights you may have under the relevant consumer laws and guarantees, if any, neither BeTrim.com.au, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the BeTrim programs) in this website in terms of their correctness, accuracy, reliability, or otherwise.
Subject to the rights you may have under relevant consumer laws and guarantees, if any, no advice or information obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.
7. Limitation of Liability
Subject to the rights you may have under the applicable consumer law, if any, you expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or the inability to use this website (including, without limitation, the BeTrim programs); (b) the use of any content or other material (including, without limitation, the BeTrim programs) on this website or any website or websites linked to this website; (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website (including, without limitation, the BeTrim programs); (d) unauthorised access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the BeTrim programs); or (f) any other matter relating to our website. Where your loss is not or cannot by law be excluded by this agreement then:
1. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our website and our BeTrim programs; and
2. Our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by this agreement is limited to, at our election.
3. In the case of goods, any one or more of the following: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; or
4. In the case of services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
If you are dissatisfied with any portion of our website or any of our BeTrim programs, or with any of the terms of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website and our BeTrim programs.
If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless and, at our option, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website or our products or offerings (including, without limitation, the BeTrim Programs), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
9. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the state of New South Wales (Australia), without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website (including, without limitation, the BeTrim Programs) or this Agreement shall be filed only in the state or federal courts located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
10. Miscellaneous Terms
In any action against us arising from the use of this Website (including, without limitation, the BeTrim Programs), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.