These Terms of Use (or “Terms”) are entered into between you and Lifeshape Health Australia Pty Ltd including any current and/or future affiliate entitles (collectively, “Lifeshape Health Australia,” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and Lifeshape Health Australia. “You,” “your,” and similar terms refer to you, as an individual, as well as the business or entity on whose behalf you are using or visiting this website, as well as any person or entity that has rights through you. 

Lifeshape Health Australia is proud to offer the Eviole Online Weight Loss Program (the “Program”) and other content for users’ benefit and information via www.eviole.com.au  (the “Content”). “Website,” “site” or similar terms means this website, with a home page located at www.eviole.com.au , and all subordinate pages. The Website will allow you to learn more about the Content, as well as purchase special access to the Content, subject to the terms and conditions of these Terms. The Website and Content, and all information and materials contained in or offered thereby, are collectively referred to as the “Services.” 

I confirm that I have been given a sufficient opportunity to read and consider the following Terms and Conditions for my LifeShape Eviole (meal plan or meal replacement based) online Program as well as ask any and all questions I may have about the Services. I consent to be treated pursuant to the Program, including the Optislim VLCD meal replacement or any other recommended Meal Replacement or meal plan as described in the weekly content.

1. Your Program
   • The program commences on the day of your initial subscription and remains valid for a duration of up to 52 weeks on an ongoing recurring basis.
   • Clients are responsible for initiating the booking of telehealth consultations. Telehealth consultations are conducted with various clinical staff members, subject to your booked appointment and the availability of clinical staff.
   • Telehealth consultations are available with Dietitians and Exercise Physiologists at a discounted rate of $75.00 for a 30-minute session. Payment for telehealth consultations must be made in full prior to the session. Failure to complete payment will result in the cancellation of the telehealth session.
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2. Consultation Changes or Cancellations

• You must notify us by calling 1800 567 348 if you are unavailable for a booked consultation.
• With changes greater than 24 hours’ notice, you can book another available consultation.
• For cancellations with less than 24 hours’ notice, or your non-attendance, you will forfeit that consultation.
• Privacy Laws will not allow us to acknowledge instructions from anybody but you

3. Eviole Program Payments

Your Eviole program payment requires:

• Purchase of an Eviole weekly subscription from the Eviole online shop https://eviole.com.au/shop/
• You must provide a valid credit card for your Eviole weekly subscription charge and update any changes to that card.
• In the case of additional primary care services for any underlying medical conditions, these will be charged to you by the providers of those services
• Pathology testing is bulk billed. If pathology test(s) are not able to be bulk billed, you will be charged by those providers and you will be on charged any additional fees that we incur.
• Some telehealth consultations may qualify for a Medicare Rebate, please ask our Client Service Team at your booking.   If you are ineligible for an Australian Government issued Medicare card, or you have an ineligible card, you will be ineligible for Medicare rebates that may apply. Any medical or pathology services provided will be charged additionally to the Eviole weekly program charge.
• Where an overdue account is referred to an external collection agency, all costs associated with that action will be payable by you.
• Where a payment is not made per your subscription schedule and not rectified within 10 working days following notification, your Eviole program will be suspended until the overdue payments are received.

4. Rebates

• Medical and Allied Health consultations are bulk billed where permitted and there are no rebates to the patient.  I consent to any eligible Medicare benefit being assigned to LifeShape Clinic (LifeShape Health Australia Pty Ltd).
• Private health insurance and Medicare rebates may be available for allied health consultations. Private health rebates will depend on your level of cover. To be eligible for a private health rebate, the Provider has to provide an eligible receipt confirming details of the eligible allied health service and that it has been paid in full. You must have attended your consultation in order to claim a private health rebate for it. Please check with your insurer. We can provide you with a private health record of completed services and payments received for claiming your consultations upon request.
• Medicare rebates are available for clients on an eligible Chronic Disease Management Plan or Team Care Arrangement or Eating Disorder Treatment Plan.

5. Cancellation You may cancel your Eviole program with a payment of two additional weeks ($20.00). You will lose access to all digital resources provided up to that date. There is no refund if you cancel your Program. All Programs have a start date and an end date after which content access ceases.

6. I accept no guarantee can be made concerning the expected results of Eviole.

7. I acknowledge that the LifeShape Eviole Program is not replacing my usual GP as my primary carer and prescriber of weight loss medications. I am not having a face to face medical and consequently I will be participating in a LifeShape Eviole program without having a physical examination. I understand and accept that a LifeShape doctor or Clinician cannot be held responsible for being unable to diagnose a medical problem that would have been obvious with a physical examination.

8. I consent to LifeShape Clinic collecting and storing my personal information, including my sensitive personal information consistent with the LifeShape Health Privacy Policy https://eviole.com.au/privacy-policy This consent includes LifeShape Clinic contacting me for up to up to 5 years post completion of my Program for the purpose of tracking my weight and associated data and measurements. I am under no obligation to agree to the collection of that data on completion of my program and can decline to participate in any follow up study. I hereby consent to LifeShape Clinic using that information in a non- identified format in any manner considered reasonable by LifeShape. The use of my personal information in a manner that may identify me, can only occur with my written consent.

9. I consent to LifeShape Clinic sending my Eviole program results to my GP or Specialist as a continuum of client care unless I withdraw that consent in writing.

10. I hereby release, waive, discharge and covenant not to sue, make claim against the property of or otherwise prosecute Lifeshape Health Pty Ltd (trading as LifeShape Clinic), any of their affiliate organisations, their officers, directors, shareholders, agents, employees, and/or landlords (collectively, the “releasees”), for liability on account of injury, loss or damage of any kind arising from, or related to, my participation in the programs including, but not limited to, claims based upon the negligence.

11. I hereby agree to indemnify and to hold harmless the releasees from any loss, liability, damage or costs, including legal fees, resulting from any claim brought against the releasees arising from, or related to, my participation in the Program including, but not limited to, claims based upon the negligence of any of the releasees in relation to my participation in the Program, except for any claim which, by law, the releasees cannot exclude under clause 10 above.

12. I understand that notwithstanding paragraphs 10 and 11 above the total liability of the releasees for any claim, which by law, I can make against the releases, is limited to the refund of the total amount of fees I have paid during my participation in the Program.

Non-Commercial Use; Intellectual Property Ownership 

13. Subject to your compliance with these Terms, Lifeshape Health Australia grants you a nonexclusive, personal, nontransferable, revocable, and limited license to access and view the Services, including any Content materials, for your personal, non-commercial use. Lifeshape Health Australia does not grant you permission to represent that, by your access and use of the Services, you are affiliated with, a representative of, or authorized to act on Lifeshape Health Australia’s behalf. 

14. The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to Lifeshape Health Australia Pty Ltd, its affiliates, parent companies, or related entities, or a third-party licensor to us and are protected by Australian and international copyright and other intellectual property laws. Lifeshape Health Australia is committed to exercising any remedies available to it to protect its intellectual property rights and will seek to terminate any infringing conduct. 

15. You may access and use the materials provided via the Services solely for your personal, non-commercial use. If the Services allow you to e-mail, download, or print a copy of the materials on the Services, you must also include all copyright, trademark, and other proprietary notices that are in the materials and you are strictly prohibited from distributing or sharing any such copies with any other individual or third party. Such downloading or copying is permissible only in accordance with any terms provided in connection with the fair use doctrine under Australian Copyright laws and these Terms. You are not authorized to post, share, transmit, distribute, publish, copy, or display, or permit any third party to post, share, transmit, distribute, publish, copy, or display, any videos or content contained in the Services in or on any other website, mobile application, internet account, social media account, or other online platform. You are not authorized to modify or change the Services materials in any way, and you hereby assign to Lifeshape Health Australia any and all rights you may acquire or have in any modifications to any of the Services materials. 

16. You may not, and may not permit any third party to, reproduce or publicly display, perform, or distribute or otherwise use any materials or information on the Services for any public or commercial purpose.  You may not, and may not permit any third party to, remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices.

17. As between you and Lifeshape Health Australia, all rights, title and interest in and to the Services, including all content, videos, graphics, text, software, brochures, guides, and other information, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights, therein are and will remain the sole and exclusive property of Lifeshape Health Australia, its affiliates or related entities, and our licensors, partners, contributors and vendors. No ownership interest is transferred to you or any other entity by virtue of making the content available on the Services or granting the foregoing licenses.

18. Trademarks, trade names, service marks, and logos used or displayed on the Services, including without limitation LIFESHAPE HEALTH AUSTRALIA™, LifeShape Clinic, LifeShape, and Eviole are registered and unregistered trademarks, trade names, and service marks of Lifeshape Health Australia, its affiliates or related entities, or a third party. Nothing in these Terms of Use grants, or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Services without the written permission of Early, its affiliates or related entities, or such third-party owner.

Restrictions on Website Use

19. You agree to not use the Services in any way not permitted by these Terms of Use. You agree that in the course of accessing and using the Services: (i) you will not misrepresent your identity, impersonate any individual or entity, or provide false information to Lifeshape Health Australia; (ii) you will not attempt to access any part of the Services to which access has not been explicitly granted to you, personally; (iii) you will not take any actions that may interfere with operation of the Services or the use of the Services by other users; (iv) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (v) you will not violate any applicable laws and regulations; and (vi) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services.

20. You shall not use the Services for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person.

21. In connection with the Services, you must not: (i) transmit, or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software, or routine that interferes with the Services; (iii) interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; (iv) use any automatic device, process, or means to access the Services for any purpose, including monitoring or copying content or data on the Services; and (v) otherwise attempt to interfere with the proper working of the Services. Lifeshape Health Australia reserves the right to terminate access to any or all features of the Services at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Accessing the Services and Password Responsibilities

22. From time to time, we may restrict users’ access to some parts of the Services. Lifeshape Health Australia does not make any representations or guarantees regarding uptime or availability of the Services.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

23. We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms of Use; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

24. The Services may allow you to create a user account, and you may need to provide certain registration details or other information to access the Services or some of the features it offers. It is a condition of your use of the Services that all the information you provide in connection with the Services is correct, current, and complete. You agree that all information you provide to Lifeshape Health Australia or our service providers is governed by our Privacy Policy, and you hereby expressly consent to all actions we take with respect to your information consistent with our Privacy Policy.

25. Your account credentials are personal to you. You are not authorized to allow any third party, including any person or entity on your behalf, to access any protected areas of the Site using the credentials assigned to you. If you make your log-in information available to others, they will be able to view information available to you and communicate with other users as if they were you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or log-in credentials. If you suspect any unauthorized access or use of your account, you shall immediately change your password and inform Lifeshape Health Australia of the suspected unauthorized activity (contact information is below). Lifeshape Health Australia reserves the right to refuse service, terminate accounts or credentials, or remove or edit content at any time with or without notice.

26. Lifeshape Health Australia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Content (or any part thereof) with or without notice. We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

27. Prices for the Content are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Services, or by notifying you using the contact information you have provided in connection with your Order or account.

28. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the Order has been confirmed and your credit card or other payment mechanism charged. Lifeshape Health Australia shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Content.

29. Lifeshape Health Australia will provide access to the Content in a form and format that is in the sole discretion of Lifeshape Health Australia. Due to licensing restrictions that may apply to the Content, or the content or offerings contained therein, Lifeshape Health Australia reserves the right to remove, modify or replace any specific content (such as, without limitation, text, images, photographs, or videos) of the Content in its sole discretion, without notice or liability to you.

30. I have read and understand the information, consents, releases and indemnities in this document and are accepted by me in lawful consideration of my participation in the LifeShape Eviole program.