Terms of Service

The Breakfree approach to long term weight management will NOT be suitable if you:

  • are under the age of 18 years;
  • have a Body Mass Index (BMI) below 20 (check your BMI here if unsure);
  • have a current or previous diagnosis of an eating disorder such as anorexia or bulimia;
  • are pregnant, or planning to become pregnant, anytime throughout your program.

By using this website or purchasing any of its products, programs or services you are declaring that none of these conditions apply to you. Breakfree will not be held liable for any harm caused if you provide incorrect or misleading information.

 

This website and all products, programs and services provided by Breakfree Nutrition and its staff are wholly owned and operated by Genescript Pty Ltd ATF Genescript Trust (ABN 41 746 837 996) herein referred to as 'Breakfree', 'us', 'we' or 'our'.

By accessing and using this website and any of its associated products, programs and services you are agreeing to the following terms and conditions. If you choose not to accept these terms and conditions you cannot use this website or access any of its products, programs or services.

These Terms and Conditions may be updated at any time without notice and so you should check this page regularly for any revised or new content.

Your Personal Information

By using this website you agree to your personal information being used as described in our Privacy Policy. Whenever you provide Breakfree with your name and email address, you agree to allow your details to be added to our database and mailing list so that we may contact you regarding our products and services. You may request at any time to be removed from our mailing list by contacting Breakfree.

Access to Website, Products, Services and Programs

Breakfree reserves the right to modify, withdraw or restrict access to all or any part of this website, its products, programs and services without notice. Breakfree will not be liable for any loss or damage should you not be able to access this website for any reason and for any period of time.

Breakfree reserves the right to refuse sale or cancel the order of or restrict access to any product, service or program if it is considered not to be appropriate or safe for the client concerned. A number of factors may be considered before a particular product, program or service is supplied by Breakfree. These may include, but are not limited to, age, body mass index, fitness, medical history, medications, health conditions and mental health status.

The products, services and programs provided by Breakfree are not suitable if you are under 18 years of age; if you are pregnant; if you have a body mass index below 20; or if you have a diagnosed eating disorder such as anorexia or bulimia. By using this website or purchasing any of its products, programs or services you are declaring that none of these conditions apply to you. Breakfree will not be held liable for any harm caused if you provide incorrect or misleading information.

Breakfree may terminate your registration or access to any product, service or program if in our opinion you breach these terms; commit any illegal, dishonest or fraudulent act; behave in a way that might harm our reputation; breach any intellectual property rights; or if we believe your continued access to the product, service or program could adversely affect your health or wellbeing.

Breakfree reserves the right to either postpone or cancel a group based program or workshop at any time prior to the scheduled start date if there are insufficient registrations. Under these circumstances, you will be provided the option of a full refund.

Payments and Refunds

You will be required to pay for your Program in advance by either Credit Card or Direct Deposit. When purchasing from us, your card details are transmitted through a secure server using industry standard SSL encryption to Stripe and your Credit Card data is not hosted or stored by Breakfree after processing. An electronic receipt will be issued via email upon successful payment. We will normally confirm receipt of your order within a few minutes of ordering.

If your purchase was for personal coaching services, we will contact you within 3 business days of payment, via email and / or telephone, to schedule your first private session. If your purchase was for a group based coaching program, we will contact you within 3 business days of payment, via email and / or telephone, to confirm your enrolment and provide you with further details.

If you elect to pay for a program by Direct Deposit, we will provide you with all necessary bank details immediately after your registration. However, if payment is not received within two business days, your enrolment will automatically be cancelled.

All prices displayed on this website are in Australian Dollars (AUD) and include GST. Prices are subject to change without notice.

Breakfree offers a satisfaction guarantee when you enroll in our 6-month program. We guarantee that if at the end of your program, you are not satisfied by your progress, we will provide you with a full refund after your completion of the program.

We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies and skills provided during your program. In the event that you request a refund, you will need to demonstrate you did indeed take action to implement the strategies and practice the skills by meeting all of the following conditions:

Requirement #1: The refund period commences from the date of your 18th (and final) Private Strategy Session or at exactly 6 months from the date of your first Private Strategy Session, whichever occurs first. The refund period closes on the 14th day (at 11.59pm Australian EST) after this date. Your request for a refund must be received by us via email during the specified 14 day period.
Requirement #2: You must have attended at least 16 Private Strategy Sessions within 6 months of the date of your very first Strategy Session.
Requirement #3: You must have completed at least 16 “Weekly Reviews” as they fall due via your online dashboard within 6 months of the date of your very first Strategy Session.
Requirement #4: When averaged across the length of your program, you must have provided all the necessary feedback (including checklists, responses to questions, worksheets etc.) as it falls due on at least 85% of the “Action Cards” on your online dashboard.
When we are satisfied that you have met the above four requirements we will issue a full refund of the purchase price within 14 days.

You may cancel your enrollment in the program or any other service we provide at any time by contacting us. In the event that you withdraw from a program or service, Breakfree shall not be required to provide you with a refund or other compensation.

Disclaimer

The advice provided by Breakfree in any of its programs or services is not meant to supersede or replace the advice provided by your doctor or other health care professional. You should always seek the advice of your doctor or suitably qualified health care professional before commencing a weight control program or acting on any information provided by Breakfree. Breakfree, or any of its directors, employees, shareholders or agents, will not be liable for any decision you take or action you make based upon the information provided by Breakfree on this website or within any of its programs or services.

Although Breakfree takes due care and endeavours to provide evidence-based products, services and programs, you agree to use any product or participate in any service or program provided by us at your own risk. Breakfree, or any of its directors, employees, shareholders or agents, will not be liable for any harm caused by using any such product or by participating in any such service or program.

All information provided by us on this website and in our programs and services is provided in good faith. We derive our information from scientific sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update any information at any time. In addition, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this website or participation in any of our programs. We are not liable for any loss arising from any action taken or reliance by you on any information or material posted or delivered by us.

While Breakfree will take all reasonable precautions, we cannot guarantee that any downloadable files available on this website will be free of any viruses, worms, Trojan horses or any other infected code. Breakfree will not be liable for any harm, loss or costs associated with downloading any such infection.

This website contains links to third party websites for your information. However, Breakfree has no control over the linked sites and takes no responsibility for them and will not be liable for any loss, damage or costs experienced from their use. Any link to another website does not warrant an endorsement of that site. We recommend you first read and understand the privacy policy and terms and conditions of any linked site you visit.

Breakfree reserves the right to correct any errors or omissions found on this website without notice.

Intellectual Property Rights

All content, software, text, images, graphics, videos, logos, including the design and layout of this website are the property of Breakfree. You may only download, store and print this content for your own home, personal and non-commercial use. Any other use of this website's content without prior written authorisation from Breakfree may violate copyright or trademark laws and may lead to prosecution or litigation.

You may not distribute, publish, on-sell or post to any other website any content, resources, worksheets, or videos available on this website or provided to you as part of your program. 

Permitted Use

We explicitly prohibit use of the material on this website in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the website, you acknowledge and agree that: you are legally responsible for all content you submit; under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years; we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities; you will not:

  • post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
  • post or transmit false or misleading material or make any form of misleading or deceptive representation;
  • knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other corruptible material;
  • exploit the activity for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements or "spam" or any other means that are contrary to our commercial or lawful interests);
  • provide access or links to any computer files that contain material which may infringe the intellectual property rights of another person; or
  • delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

Last revised May 1, 2017