TERMS OF SERVICE

GENERAL 

This website (the “Site”) is owned and operated by The Way Up Nutrition GmbH (“The Way Up” “we” or “us”). By using this site, you agree to be bound by these terms of service and to use the site in accordance with these terms of service, our privacy policy, our refund policy and any additional terms and conditions that may apply to specific sections of the site or to products and services available through the site or from The Way Up. Accessing the site, in any manner, whether automated or otherwise, constitutes use of the site and your agreement to be bound by these terms of service. 

We reserve the right to change these terms of service or to impose new conditions on use of the site, from time to time, in which case we will post the revised terms of service on this website. By continuing to use the site after we post any such changes, you accept the terms of service, as modified. 


OUR SERVICES

The Way Up offers nutritional information products and services. When you register to our coaching program, you will receive an ongoing structured nutrition program, a training program, and be able to connect with one of your experts (a “Coach”) to help make adjustments to your program and keep you on track. Your coach will adjust your Way Up coaching program experience based on the information that you provide to us. 

PAYMENT

You agree to pay, and authorise The Way Up’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our services or purchase our products. 

All fees are in Australian dollars (AUD) and are non-refundable, except as required by law or to The Way Up’s discretion. 

You are responsible for providing complete and accurate billing and contact information to us. The Way Up is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the services if fees are 30 days past due.


REFUNDS & CANCELLATIONS

We at The Way Up want you to get as much of our program as possible. We guarantee that you will benefit from our coaching program or we will provide you with a full refund after you’ve completed week 20 of The Way Up coaching program. Note that this is a strict action-based guarantee. Stick with us for a minimum of 20 weeks - and if you put in the work we ask you to, and you’re not happy with your results we’ll give you back every cent. 

If you have any questions about our money back guarantee, please contact us at support@thewayupnutrition.com

In the event that you wish to cancel this agreement: 

i) Prior to the start of The Way Up coaching program and up until the end of week 20, we require a 4-week notification period in which we will still deliver all services to you in the hope that you re-discover the necessary desire to solve your important goals. 

ii) In the event of early termination, you will no longer have access to any membership benefits.


INTELLECTUAL PROPERTY RIGHTS

Our limited licence to you. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.


Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge that The Way Up has the right but not the obligation to use and display any postings or contributions of any kind and that The Way Up may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. 

You acknowledge that The Way Up has the right but not the obligation to use and display any postings or contributions of any kind and that The Way Up may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.


GENERAL PROHIBITIONS AND ACCEPTABLE USAGE

To foster a positive and welcoming community for our Services and on the Site, The Way Up has established the following rules of use. 

You agree you will not:

1) Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;

2) Attempt to access another person's account, including, without limitation, attempts to use another person's credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;

3) Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

4) Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about The Way Up employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.

5) Use, display, mirror or frame the Services, or any individual element within the Services, The Way Up's name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without The Way Up's express written consent;

6) Access, tamper with, or use non-public areas of the Services and the Site, The Way Up's computer systems, or the technical delivery systems of The Way Up's providers;

7) Attempt to probe, scan, or test the vulnerability of any The Way Up system or network or breach any security or authentication measures;

8) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The Way Up or any of The Way Up's providers or any other third party (including another Client) to protect the Services, Site, or Content;

9) Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;

10) Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by The Way Up or other generally available third party web browsers;

11) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;

12) Use the Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;

13) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
Use any meta tags or other hidden text or metadata utilizing a The Way Up trademark, logo URL or product name without The Way Up's express written consent;

14) Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;

15) Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or

16) Encourage or enable any other individual to do any of the foregoing.

17) The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although The Way Up reserves the rights to monitor, record, edit or remove any content within our Services or the Site, The Way Up has no obligation or responsibility to do so. In addition, The Way Up shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.


NO PROFESSIONAL OR MEDICAL ADVICE; NO DOCTOR-PATIENT RELATIONSHIP

Our coaches are not healthcare professionals. Our services and this site do not provide or offer, and are not a replacement for, professional medical evaluation, advice, diagnosis or treatment (“medical advice”).

The Way Up provides the services for informational purposes only. Based on information that you request and/or provide to us, The Way Up provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While The Way Up believes that the information provided through our Services and the Site is current and reliable, The Way Up cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

Furthermore, The Way Up shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. The Way Up shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and The Way Up disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by The Way Up’s gross negligence or wilful misconduct.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE WAY UP, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF THE WAY UP OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, THE WAY UP DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO THE WAY UP'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL THE WAY UP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO TH FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.


INTELLECTUAL PROPERTY AND CONFIDENTIALITY OBLIGATIONS

Confidential information (financial information notwithstanding – it is kept completely confidential) is shared ONLY to The Way Up coaching staff – the coaching staff will keep the information provided within The Program private and respectfully confidential.

All content provided or otherwise made available by The Way Up through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled 3 or licensed by or to The Way Up and is protected by intellectual property rights and unfair competition laws within and outside of Australia. Content also includes any Content that you provide or make available through our Services and Site.

DISPUTE RESOLUTION AND GOVERNING LAW 

The Way Up currently operates from Zurich, Switzerland. These Terms of Use shall be governed and construed in accordance with the laws of the canton of Zurich, and the laws of Switzerland applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of the Services and the Site shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, the Federal Court of Switzerland. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use our Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against The Way Up arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have a dispute with one or more of our other Clients, you release The Way Up from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

LINKS TO THIRD PARTY WEBSITES

Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. The Way Up does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.

CONTACT

If you have any questions about these Terms of Service, our Services, or our Site please contact The Way Up at support@thewayupnutrition.com
Copyright 2020 - The Way Up Nutrition - All Rights Reserved