TERMS OF USE
Last Updated June 2020.
INTRODUCTION

The Way Up Nutrition (“The Way Up”, “we”, “us”, “our”) delivers online nutrition and fitness coaching services and other related programs, products and services (the “services”) through our The Way Up website (the “site”) to individuals who use our site and/or register or purchase our services (the “clients” or “you”).

Please read the following carefully before you use our services.

By clicking the "I accept" button or by using our site or services, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by these terms of use, as amended from time-to-time, and our privacy policy. If you are not willing to be bound by and comply with these terms of use, you should not access or otherwise use our site or services. The Way Up may modify these terms of use at any time, in our sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Use on our Site or your notification of such amendments

WHO CAN USE OUR SERVICES

Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. The Way Up specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. The Way Up will have no liability resulting from any use of our Site or Services by any Minor.

OUR SERVICES

The Way Up offers nutritional information products and services. 

When you register to our coaching program, you will receive a 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. 

YOUR MEMBERSHIP 

You understand and acknowledge that you have joined The Way Up program which is the world's best program for helping women heal their bodies, and build leaner, more energetic versions of themselves. You understand this takes time. You have committed to a minimum of 20 weeks on The Way Up and understand that this is an ongoing membership until you give the Way Up notice.

PAYMENT 

You agree to pay, and authorize 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 (such as the Collagen).

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. We may suspend or terminate the Services if fees are 30 days past due. 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.

CANCELLATION & OUR MONEY BACK GUARANTEE

You understand that you’ve joined The Way Up, which is the world's leading program for helping women heal their metabolism, body, and build a leaner, more energetic body and life. This takes time. You're agreeing to give us a minimum of 20 weeks to work with you so that you’ll feel and look better than you have in years - or your money back.

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 if you’re not happy with your results we’ll give you back every cent.

In the event that you wish to cancel this agreement prior to the minimum of 20 weeks:

i) We wont accept or respond to cancellation requests in the first 12 weeks of The Way Up.  You would absolutely regret that decision if you quit early - stick it out and it will pay off big time.

ii) After your initial 12 weeks 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 problems.  We need you for 20 weeks to get the right result for you.  Email support@thewayupnutrition.com

In the event of early termination, your lifetime access to all membership benefits including the membership site, VIP facebook group, and LIVE training sessions with Coach Steve will be revoked. Major bummer.

At any time, we may terminate this agreement, including your membership, immediately by giving you notice in writing if you fail to pay fees to be paid under this agreement. Upon termination, discontinuation or cancellation of our Services or your account, all provisions of these Terms of Use which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

FEEDBACK

We at The Way Up would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at support@thewayupnutrition.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

CONTENT RIGHTS AND OWNERSHIP

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 or licensed by or to The Way Up and is protected by intellectual property rights and unfair competition laws within and outside of Switzerland. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).

Subject to your compliance with these Terms of Use, The Way Up hereby grants you a limited, non- exclusive, non-transferable, non-sublicense able license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site.

By making Client Content available through our Services and Site, you hereby grant The Way Up a non- exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.

You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant us the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through the Services and the Site, nor any use of the Client Content by The Way Up on or through the Services and the Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.

You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content. 

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.

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.

GENERAL TERMS

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive.

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