PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS RELATING TO YOUR USE OF THE newNRG WEBSITE
By using this Website (or any website related to or controlled by newNRG) or our Products, you agree to these Terms and Conditions of Use ("Terms & Conditions") which are:
Your use of this Website is at your own risk. You must exercise judgment and responsibility with respect to your use of our Website.
You may only access the Website for lawful, personal and non-commercial use. No reproduction of any part of this Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
Please check these Terms & Conditions periodically for changes since we reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website and, if applicable, you should cancel your membership with us.
1. SCOPE OF TERMS & CONDITIONS
newNRG currently operates this Website and provides lifestyle change programs under the newNRG brand (“Products”).
Unless we indicate otherwise, these Terms & Conditions apply to your use of:
For the purpose of these Terms & Conditions, "Affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, newNRG, including, without limitation, their respective subsidiaries and affiliates; and “you”, “you” or “your” means any person or entity, and any subsidiary, affiliate or associate of such person or entity, that uses or purports to use this Website.
For avoidance of doubt, a reference to “Website” includes a reference to “Products” as relevant.
2. TERMS & CONDITIONS – GENERAL
By using this Website, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed an agreement containing these Terms & Conditions. If you do not comply with these Terms & Conditions 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). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of this Website, including, but not limited to:
You agree that any termination or cancellation of your access to, or use of, this Website may be effected without prior notice to you and without providing any reason for such termination. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you acknowledge and agree that:
3. CHARGES AND FEES FOR PRODUCTS
By subscribing to or purchasing a Product, 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 set out on this Website (such as registration fees, recurring monthly fees, fixed price fees for our Products, applicable taxes, and other charges, surcharges, costs and fees incurred in order to access or purchase our Products (“Fees”).
With regard to our Products:
4. CANCELLATION OF SUBSCRIPTION
Either you or we may terminate or cancel your subscription to our Products at any time. If you choose to cancel or terminate your subscription prior to the end of your contract period, you accept that your account will continue to be debited until your end date. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of:
Upon cancellation or termination of your subscription to our Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, this Website (or part thereof).
You may cancel your subscription by contacting the Company or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after receipt of requests. If you cancel near the end of your current billing period and have been or are inadvertently charged the next billing period’s Fee, you should contact Customer Service to have the charges reversed. If you use a fee-based Product during that next billing period, you will be considered not to have cancelled the subscription and therefore will be liable to pay fees in respect of that next billing period and not entitled to a refund for that cancellation. We reserve the right to charge and collect Fees incurred before your cancellation takes effect.
5. FIXED PRICE PRODUCTS
From time to time we may sell to you Products which require physical delivery (“Fixed Price Products”). By placing an order for a Fixed Price Product you agree to these Terms & Conditions as amended from time to time.
Title to a Fixed Price Product will pass to you when you provide full payment for the Fixed Price Product or when you receive the Fixed Price Product, whichever is the later. Risk of loss or damage to the Fixed Price Products shall pass to you on the date that we provide the Fixed Price Product to a third party for delivery to you.
Any estimates made in relation to any delivery date of Fixed Price Products are estimates only, and we provide no warranty or representation that such an estimate will be correct. By ordering a Fixed Price Product you agree that timing is not of the essence with regard to delivery of Fixed Price Products.
The published price of the Fixed Price Products will be inclusive of GST unless we have stated otherwise.
6. AVAILABILITY OF OUR PRODUCTS AND FIXED PRICE PRODUCTS
The availability and use of our Products and Fixed Price Products may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Products and/or may terminate your subscription to Our Products at any time based on these criteria. You understand that we may refuse to supply you with Fixed Price Products at any time based on these criteria. For example, pregnant women, and individuals under the age of 18 may not be provided with a Fixed Price Product or may not be able to subscribe to our Products.
All materials on this Website, including but not limited to information, software, photographs, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, audio, images and other materials ("Content"), are protected by copyright and other intellectual property rights under Australian law, international conventions and other laws. You may not distribute, exchange, modify, sell or transmit anything you copy from this Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree to follow all instructions on this Website limiting the way you may use any of the Content. There are a number of proprietary logos, service marks and trade marks found on this Website. By making them available on this Website, newNRG is not granting you any licence to utilise those proprietary logos, service marks or trade marks. Any unauthorised use of the Content may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statutes. If you download any Content from this Website, you may not remove any copyright or trade mark notices or other notices that go with it.
8. RESTRICTIONS ON USE OF MATERIALS
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access and use this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions including without limitation prompt payment of all Fees (if any). You understand that only you may use your user account and password, and that your subscription to our Products 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 our Products.
You acknowledge that you may only use the Fixed Price Products for personal, non-commercial use, and may not sell, lease, licence or otherwise receive any consideration for allowing the Fixed Price Products to be used by any other person or entity.
You agree to indemnify us and keep us indemnified against any loss suffered by us due to you selling, leasing, licencing or otherwise receiving any consideration for allowing the Products or Fixed Price Products to be used by any other person or entity.
9. PRIVACY AND SECURITY
10. BECOMING A REGISTERED USER
There is no cost to being a public user of this Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of this Website. If you elect to become a registered user of this Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that this is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register 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 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 these Terms & Conditions or by law.
11. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You acknowledge that all content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to, on or through this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to, on or through this Website. We do not control the Postings of others and, as such, you agree that we have no responsibility for the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of this Website (as described below), you understand that by using this Website, you may be exposed to Postings that are (without limitation) inaccurate, offensive or objectionable. Except for Postings created by us (as to which you agree that liability shall rest with the entity which created the relevant Content and shall be governed by these Terms & Conditions), under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the access to or use of any Postings posted, emailed or otherwise transmitted to, on or through this Website.
You agree not to use this Website to do, or attempt to do, any of the following (as to which you agree to accept us as sole arbiter in our absolute discretion):
Your privilege to use this Website depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion and without providing any reasons, your use of, or participation in, any contact with other members.
Submissions will be collected and may be used to improve the Content of this Website, to customise the Content and/or layout of our page for each individual consumer, to notify consumers about updates to this Website, and may be used by us to contact consumers for marketing purposes. By submitting any such material, you give up any claim that any use of a Submission, or any part or derivative element of a Submission, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way newNRG uses such material. We are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing Products using such information. However, you agree and understand that newNRG is not obligated to use any such ideas or materials and you have no rights to compel such use.
NewNRG will use de-identified data for future research and development.
You also hereby irrevocably and unconditionally consent, to the fullest extent permitted by law (either present or future), to us or any person authorised by us, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Submissions or any adaptation of the Submissions (or any part of the Submissions or of any such adaptation) anywhere in the world:
You also warrant to us that:
This Website is not for use by any person less than eighteen (18) years of age (each a “Child”) and is not directed to Children. This Website is for use and access by individuals who are eighteen (18) years or older.
15. THIRD PARTY PRODUCTS AND SERVICES
You may order services, merchandise or other products through this Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products promoted by or available from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as):
Where we receive commissions from Third Party Sellers, we will notify users of this Website.
16. CONTESTS AND SURVEY
This Website may contain contests, invitations to participate in contests or surveys that request you to send in to us or post on this Website material or information about yourself. Each contest or survey will have its own rules, and you must read and agree to all those rules prior to entering into any such contest or responding to any survey.
Participation in these contests or surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Some of the information requested may be of a personal nature but there is no obligation to answer any or every question. In particular, submission of your email address will be optional. Information requested may include contact information (such as name and shipping address) and demographic information (such as post code, age, gender and marital status). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Website. Large population demographics may be compiled and published using this data but no individual information will be disseminated.
17. HEALTH DISCLAIMER & ETHICS
This Website provides health information applications and content published over the Internet. newNRG is not a medical organisation and our staff cannot and do not give, or purport to 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 medical practitioner.
newNRG Program combines the elements of three ethical codes and conduct as a model of best practice. These are the Australian Psychological Society (APS), British Psychological Society (BPS) and American Psychological Society (APA).
The ethical code governing newNRG is:
All of our programs are delivered over a certain timeframe with frequency of sessions controlled. This is to maximize the benefits for members in line with evidence based practice.
An urgent help button is available to members if and when they may need to use this.
newNRG has made it clear that newNRG recommends consultation with a GP or any health professional that the member is currently engaged with to gain their advice before moving forward. 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 or mental health condition.
18. DISCLAIMERS OF WARRANTIES
Please note the following disclaimers of warranties that form part of these Terms & Conditions:
19. LIMITATION OF LIABILITY
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) whatsoever arising out of, or resulting from:
You acknowledge that, by undertaking any Regime, you are doing so voluntarily and you are aware that there may be dangers in participating in a Regime. You are aware that your undertaking a Regime may result in serious personal injury, permanent disability or death and/or property loss and damage.
You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in a Regime or other risks not known to you or that are not readily foreseeable at the time of using this Website. You further acknowledge that this is a risk warning pursuant to the Competition and Consumer Act 2010 (Cth) and you agree that you assume all risks in connection with your participation in a Regime. newNRG (including its respective officers, employees and agents) and its Affiliates are not liable for the breach of any express or implied warranty that any services provided by newNRG will be provided with reasonable care and skill.
You agree to use your own equipment (if any) to participate in any Regime and you are completely satisfied with the adequacy and condition of your equipment and you are satisfied that it is suitable for use in a Regime.
You agree to participate in any Regime in a manner that is not reckless or dangerous to yourself or other people.
To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless newNRG (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
Where your loss is not or cannot be excluded by these Terms & Conditions then:
If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
20. LIMITATION OF LIABILITY FOR FIXED-PRICE PRODUCTS
In addition to the limitations of liability contained in clause 19, you expressly understand and agree that, in relation to the Fixed Price Products, we and our affiliates, to the extent permitted by law:
In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for damages, whether in an action in contract or tort (including negligence), even if we have been advised of the possibility of such damages or if such damages are foreseeable.
You acknowledge that the limitations of liability of us in this clause 20 and in the other provisions of these Terms & Conditions and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have supplied the Fixed Price Products. Our pricing of the Fixed Price Products reflects this allocation of risk and the limitation of liability specified herein.
You agree to indemnify, hold harmless and, at our option and in accordance with our instructions and directions, defend us and our Affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers' fees and expenses) arising from your improper use of this Website or our Products or offerings, your violation of these Terms & Conditions, any misrepresentation or breach of a warranty given by you in accordance with these Terms & Conditions 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.
To the maximum extent permitted by law, you agree to indemnify newNRG (including its officers, employees and agents) and its Affiliates against any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
You agree that the waivers, releases, discharges and indemnities contained in these Terms & Conditions shall operate in favour of newNRG (including its officers, employees and agents) and its Affiliates and shall so operate whether or not the loss, injury or damage is due to or attributable to any act, neglect or omissions of any one or more of them.
You acknowledge and agree that these Terms & Conditions may be pleaded as a bar to any action, suit or proceeding taken at any time by you against newNRG (including its officers, employees and agents) and its Affiliates arising out of or as a consequence of your participation in a Regime, use of your own equipment, or in any activity incidental to a Regime.
22. GOVERNING LAW AND CHOICE OF FORUM
These Terms & Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, 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 or these Terms & Conditions shall be filed only in the state or federal courts located in Queensland and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
23. MISCELLANEOUS TERMS
Recovery of Legal Expenses
In any action against us arising from the use of this Website, 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 lawyer's fees.
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.
These Terms & Conditions, together with other documents incorporated by reference, are the entire agreement between you and us relating to the subject matter herein.
Modification of Terms
These Terms & Conditions may be modified only by our posting of changes to these Terms & Conditions on this Website, or by written agreement between you and NewNRG. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions 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 these Terms & Conditions, or to exercise any right under these Terms & Conditions, 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.
24. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use this Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact the newNRG Team at: newNRG Pty Ltd, Innovation Centre, 90 Sippy Downs Drive, Sippy Downs. QLD 4556, Australia.
(Last modified as of 22 Feb 2017)