Please read these Terms of Use carefully before using this site.

The WeightCoach website is owned and operated by Bon Sante Pty Limited
(ACN 003 244 559) ("Bon Sante") under the domain name www.weightcoach.co.nz and www.weightcoach.co.nz

Your access to the WeightCoach website (including but not limited to the information, graphics and materials) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the website (known collectively as the "Terms of Use") and the Privacy Statement. Your use of, and/or access to, the WeightCoach website constitutes your agreement to abide by these Terms of Use together with the amendments made from time to time. You must agree to these Terms of Use in order to use WeightCoach website. Please read this document carefully. If you do not wish to be bound by these Terms of Use, you may not access or use the WeightCoach website. If you do not agree with all the provisions contained in these Terms of Use do not use this site!

Bon Sante reserves the right to amend these Terms of Use at any time in its sole discretion. Such amendment shall be effective immediately upon either posting of the amended Terms of Use or notifying you. You agree to periodically refer to the Terms of Use in this document and elsewhere on the WeightCoach website to insure that you are aware of any amendments or alterations made from time to time. Your continued access or use of the WeightCoach website shall be deemed your conclusive acceptance of the amended Terms of Use.

The Terms of Use protect you and allow Bon Sante to take action if other users act improperly. If you become aware of another user who is not abiding by the terms of use, please contact us.

1. Definitions
2. WeightCoach Logo
3. Communication Facilities
4. Intellectual property and restrictions on use of Content on the WeightCoach website
5. Registration and Password
6. User Representations
7. License to and from Bon Sante
8. Disclaimer and limitation of liability
9. Indemnity
10. Third Party Rights
11. Termination
12. Use of information gathered on the WeightCoach website
13. Export Control
14. Notice
15. Miscellaneous

In this Agreement, unless the context otherwise requires:

"Aggregate Information" means information that describes the habits, usage patterns and/or demographics of Users as a group but does not indicate the identity of particular Users;

"Content" means the entire contents of the WeightCoach website, including but not limited to all information, text, material, graphics, software and advertisements on the WeightCoach website. The Content includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.

"Cookies" are small text files a web site can use to recognize repeat users and facilitate the User's ongoing access to and use of the site. Generally, Cookies work by assigning a unique number to the User that has no meaning outside the assigning site. They do not come onto a User's system nor do they pose a threat to a User's files.

"Individual Information" means information about a User presented in a form distinguishable from information relating to other Users but not in a form that enables the recipient to personally identify any User;

"Locator Information" means the name, email address, physical address, and/or other data of a User that enables the recipient to personally identify the User;

"Spamming" is the online work for posting many times on one topic. Spamming is strictly prohibited;

"User" means any individual or entity which makes use of the WeightCoach website in any way, whether or not they have subscribed to the WeightCoach website or any part thereof, whether they have paid any necessary fees or not, and for whatever purpose;

The WeightCoach logo is the graphic representation of the words in various fonts, sizes and colours as used throughout the WeightCoach website.

3.1 The WeightCoach website contains communication facilities which provide feedback by Users to WeightCoach, interaction between Users and other electronic messaging and notice services ("Communication Facilities").

3.2 If you use Communication Facilities you are solely responsible for your communications, your use of the WeightCoach website and the consequences of posting those communications. Bon Sante does not assume any responsibility for the consequences of any Communication Facility communications on or arising from use of the WeightCoach website.

3.3 In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

3.4 It is a condition of your use of any Communication Facility and your access to the WeightCoach website that you do not, under any circumstances, do any of the following actions or cause or allow any other individual or entity to do so, which shall constitute a material breach of these Terms of Use:

(a) restrict or inhibit any other User from using or enjoying any part of the WeightCoach website;

(b) post or transmit any unlawful, harassing, threatening, abusive, harmful, libelous, defamatory, racially offensive, hateful, obscene, vulgar, pornographic, profane, sexually oriented, indecent, inaccurate, or otherwise objectionable message, data, image, program, information or material of any kind, including but not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances;

(c) post chain letters or pyramid schemes;

(d) make use of the WeightCoach website in any way to threaten, harass, stalk, abuse or otherwise violate the legal rights (including rights of privacy and publicity) of others;

(e) make use of the WeightCoach website for junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list;

(f) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including but not limited to material which is an invasion of any privacy or publicity rights, unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information and trademarks or service marks used in an infringing manner or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant individual or entity;

(g) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;

(h) post, transmit or upload any files or material of any kind which contains a virus, corrupted data or other harmful component;

(i) impersonate any other person or entity, whether actual or fictitious, including but not limited to impersonating an employee, agent or consultant of Bon Sante;

(j) allow any other person or entity to use your identification to post or view comments;

(k) intercept or attempt to intercept email or other private communications not intended for you;

(l) send unsolicited email messages through third party mail servers in order to relay your email or hide the origination of your email to others;

(m) falsify the source of origin of software or other material contained in a file that you upload to the WeightCoach website;

(n) use an inappropriate member name of any kind;

(o) post, transmit or in any way exploit any material of any kind for any purpose other than personal communication, including for commercial purposes, to obtain direct financial gain, including but not limited to advertising, solicitations, mass marketing, using the WeightCoach website as a mass unsolicited distribution medium to communicate a generally unsolicited message or any promotional material or advertising, any other form of advertising, offering to unsolicited sell goods or services to other Users or using your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by Bon Sante);

(p) delete any author attributions, legal notices or proprietary designations or labels in any file that you upload to a bulletin board or the WeightCoach website;

(q) post or use the WeightCoach website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio, or post Content or participate in any form of discussion with the intention to commit any illegal activity;

(r) download any file posted by any other User if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;

(s) use, download or otherwise copy, or provide (whether or not for free) to an individual or entity that is not a subscriber to the WeightCoach website the user directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise permitted by Bon Sante);

(t) use simultaneous, unattended or continuous connections to the WeightCoach website with one account;

(u) use the WeightCoach website in a manner that adversely affects the availability of its resources to other Users;

(v) cause repeated disruptive incidents; or

(w) act, or fail to act, in your use of the WeightCoach website, in a manner that is contrary to applicable law or regulation.

3.5 Bon Sante reserves the right to take such action as it deems appropriate in its sole discretion, in cases where the WeightCoach website is used to disseminate statements which Bon Sante considers in its sole discretion are deeply and widely offensive and / or harmful.

3.6 Each time you upload a file to the WeightCoach website you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file.

3.7 Bon Sante may from time to time monitor or review the contents of its Communication Facilities. Bon Sante reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Bon Sante sole discretion is determined to be harmful, offensive or otherwise objectionable in any way or in violation of any applicable law or these Terms of Use, or Bon Sante’s operating policies for Users, including but not limited to information and/or materials which are:

(a) abusive, libelous, defamatory or obscene;

(b) fraudulent, deceptive or misleading;

(c) in violation of a copyright or trademark or other intellectual property right of another; or

(d) offensive or otherwise unacceptable to Bon Sante.

3.8 Bon Sante will not review the contents of email except as required or allowed by applicable law or legal process.

3.9 Bon Sante's operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards and other matters are available and/or will be made available online. Bon Sante reserves its right in its sole discretion to change such policies at any time. Files uploaded to a bulletin board may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

3.10 Bon Sante has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such Contents, nor is Bon Sante responsible for any Contents in any Communication Facility (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the WeightCoach website are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

3.11 Messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.

3.12 Statements made in web sites, newsgroups, forums, bulletin boards, email messages, conferences, chats and in any other manner reflect the view of their authors and not Bon Sante. The views of forum managers and hosts and those appearing on the WeightCoach website are those of the relevant individuals only and are not necessarily those of Bon Sante.

3.13 Bon Sante reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any individual or entity posting any materials which is alleged to have violated any applicable or relevant law.

3.14 Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

4.1 The entire Content is Copyright © 2003 Bon Sante, its suppliers and/or licensors unless expressly indicated otherwise on the WeightCoach website. The Content is protected by Australian and international copyright and trademark laws and other intellectual and proprietary rights in all media and technologies existing now or later developed except as explicitly provided otherwise. These Terms of Use and applicable copyright, trademark and other laws govern your use of such Content.

4.2 The Content includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws.

4.3 Upon acceptance of these Terms of Use Bon Sante authorizes you to display and download a single copy of portions of the material from the different areas of the WeightCoach website solely for your own personal, noncommercial use, subject to any expressly stated restrictions or limitations relating to specific material, UNLESS otherwise permitted such as in the case of electronic coupons.

4.4 It is strictly prohibited to reverse-engineer, disassemble, decompile, reproduce, transcribe, redistribute, retransmit in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), store in a retrieval system, translate into any language or computer language, resell or publish any copyrighted material without the prior express written consent of the copyright owner except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows:

Copyright © 2003, Bon Sante Pty Ltd, Sydney, New South Wales, Australia. All rights reserved.

4.5 You must not change or delete any proprietary notices from materials downloaded from the WeightCoach website.

4.6 Content is published in real-time, and you must not modify, copy, reproduce, retransmit, republish, frame, upload to a third party, post, transmit, distribute or commercially exploit or otherwise transfer Content in any way except as expressly provided for on the WeightCoach website or expressly authorized in writing by Bon Sante or its Affiliates.

4.7 You will not acquire any rights by downloading materials.

4.8 The burden of determining that any information, software, images or any other Content is not protected rests with you.

4.9 Strictly on the condition that you keep all Content intact and in the same form as presented on the WeightCoach website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

(a) download and view the Content for your personal and/or non-commercial use using an industry-standard Web browser; or

(b) if you are an Internet service and/or access provider, supply the Content to your subscribers.

4.10 You must not use the Content or the WeightCoach website in any manner or for any purpose which is unlawful or in any manner which violates any right of Bon Sante or any of its Affiliates or which is prohibited by these Terms of Use.

4.11 By submitting Content to any; "public area;" of the WeightCoach website, (including but not limited to message boards, forums, contests and chat rooms), you grant Bon Sante and its Affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that the holder of any previous rights (including any moral rights) in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on the WeightCoach website retains any and all rights that may exist in such Content.

4.12 Notwithstanding anything contained herein to the contrary, by submitting Content to any contests on the WeightCoach website, you hereby expressly permit Bon Sante to identify you as the contributor of such Content to the contest in any publication in any form including but not limited to media or technology now known or later developed in connection with the Content, unless you otherwise notify Bon Sante in writing at the time you submit the Content that you do not wish to be identified.

4.13 For information obtained from Bon Sante's licensors, you are solely responsible for compliance with any copyright, trademark and other proprietary rights and restrictions and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.

4.14 Content is subject to change without notice at the editorial discretion of Bon Sante. If you violate any of these Terms of Use, your permission to use the Content and the WeightCoach website automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

5.1 You are responsible for:

(a) maintaining the confidentiality of your registration and personal information, password and other confidential information relating to your use of the WeightCoach website;

(b) all uses of your registration, whether or not authorized by you;

(c) maintaining all equipment required for your access to and use of the WeightCoach website;

(d) all charges resulting from your WeightCoach website account, including unauthorized use prior to you notifying Bon Sante of such use and taking steps to prevent its further occurrence by changing your password; and

(e) notifying Bon Sante immediately of any unauthorized use of your registration or password.

6.1 You represent and warrant that you are at least 18 years old and that you possess the legal right and ability to agree to be bound by these Terms of Use and to use the WeightCoach website in accordance with these Terms of Use.

6.2 You expressly acknowledge and agree that you are currently and will continue to be, financially responsible for your use of the WeightCoach website including use of your account by others (including but not limited to children who are residing with you) and will comply with your responsibilities and obligations as stated in these Terms of Use.

7.1 Except as described herein, any communication which you post on the WeightCoach website is considered to be non-confidential. By placing any information or other material on the WeightCoach website (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such Content has expressly granted) to Bon Sante a perpetual, royalty- free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the WeightCoach website (including but not limited to chat rooms, forums and bulletin boards) alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses:

(a) use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display; and

(b) sublicense to any third parties the unrestricted right to exercise any of the rights granted in this paragraph.

7.2 The grant contained in paragraph 7.1 includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.

7.3 You expressly waive in favour of Bon Sante and any other party authorised by Bon Sante all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material and warrant that any such materials or information are original to you or that you have the right to submit such material and information. At the request of Bon Sante, you will execute and deliver to Bon Sante such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

7.4 You expressly acknowledge and agree that you shall have no recourse against Bon Sante or the WeightCoach website for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

7.5 By these Terms of Use, Bon Sante grants, subject to these Terms of Use, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the WeightCoach website in real time and to use the materials in the WeightCoach website in a manner consistent with the Copyright provisions in these Terms of Use.

7.6 Bon Sante respects the privacy of Users. The name, address and other information that you provide when you use the services of or subscribe to the WeightCoach website and information regarding the manner in which you use the WeightCoach website and/or the Internet will not be processed or disclosed by Bon Sante except as permitted by these Terms of Use or as required or allowed by applicable law or legal process.

7.7 You expressly acknowledge and agree that Bon Sante may share with other parties both Aggregate Information and limited Individual Information gathered during your use of the WeightCoach website and/or the Internet.

7.8 You expressly acknowledge and agree that Bon Sante may gather, process or use Locator Information.

7.9 You expressly acknowledge and agree that Locator Information may be gathered, processed or used in the following instances:

(a) if you use the WeightCoach website to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a WeightCoach website session, the company that sells or provides such physical goods or services (the "Merchant") will obtain Locator Information;

(b) if you use the WeightCoach website to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a WeightCoach website session the company providing such content, goods or services (the "Content Provider") may obtain Locator Information;

(c) if you obtain dial up access to the WeightCoach website from a third party independent internet access provider ("IIAP"), Locator Information relating to you may be obtained by the IIAP; and

(d) Bon Sante, the WeightCoach website and your IIAP may use Locator Information as is necessary for enforcement of these Terms of Use.

7.10 Some of the Locator Information that you provide when you sign up or subscribe to the WeightCoach website or when you complete a WeightCoach website user properties section will be used to create an entry in your name in the WeightCoach website User Directory. You may modify, add or delete your User information in the WeightCoach website User Directory.

7.11 Locator Information will not be disclosed directly to a third party except as described in these Terms of Use, however Bon Sante may use Locator Information to forward special offers or communications from selected companies to Users via the WeightCoach website.

7.12 In order to protect the privacy of your Locator Information, Bon Sante maintains its User information in a secured database.

7.13 Bon Sante uses Secure Socket Layer ;"SSL") encryption technology to ensure the integrity and privacy of the information you pass to us via the Internet, however, to take advantage of this, you must utilize a browser that maintains 128bit encryption support.

7.14 Bon Sante reserves the right to perform statistical analyses and profiling of members and Users, and their behavior and characteristics, in order to measure interest in and use of various sites and to inform advertisers of such information.

7.15 Bon Sante may sometimes permit third parties to offer subscriptions and/or registration-based services through the WeightCoach website. In this event, Bon Sante is not responsible for any actions or policies of such third parties and members and Users should check the applicable privacy policy of such party before providing personally identifiable information.

7.16 It is not possible for a member or User to delete his or her profile from our database, nor is it feasible to delete all traces of a member's or User's activity in the system. You may request deletion of your email address from the WeightCoach website database.

7.17 Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, e-mail address) on the bulletin boards, chat areas and other interactive areas of the WeightCoach website , information, along with any substantive information disclosed in the User's communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of Bon Sante. Bon Sante makes no warranties about the discoverability of Users' identity by methods beyond our control.

7.18 An individual site may place a text file called a “Cookie" in the browser of your computer. The Cookie does not contain Locator Information but will enable Bon Sante to compare your use of the WeightCoach website to information that you have specifically and knowingly provided to the WeightCoach website.

7.19 Bon Sante may employ Cookie technology to allow Users to move more quickly through the WeightCoach website. Users should be aware that Bon Sante can not control the use of Cookies by advertisers or third parties hosting data for Bon Sante. However, if a User does not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows the User to deny or accept the Cookie feature. Please note that Cookies may be necessary to provide the User with certain features (for example, customized delivery of information) available on the WeightCoach website.

7.20 Some sections of the WeightCoach website may be designed specifically for use by children up to the age of 16. Locator Information may be requested in these sections. These sections will notify children that they should first obtain permission from their parent/s and/or guardian/s before providing any such information.

7.21 Parents, guardians and others who allow children to use, or do not prevent children from using, their WeightCoach website account should be aware that WeightCoach website policies concerning privacy and the use of User information dictate Bon Sante's use of Locator Information supplied by children but any information which is voluntarily provided by a child in email messages, chat sessions, bulletin boards, forums or in any other way, may be used by third parties to generate unsolicited mail or other contact with children.

7.22 Bon Sante does not make online requests for your password, or unsolicited requests for your credit card or debit card numbers or other Locator Information. You may alter your Locator Information to provide these details if you wish.

7.23 Bon Sante urges you to use the utmost caution when giving out any personally identifiable information about yourself or other members of your family online. Bon Sante urges you to discuss safety issues with your children and instruct them in the safe and responsible use of their Locator Information while using the WeightCoach website and the Internet. Such Locator Information sent over the Internet can not be tracked or retrieved by Bon Sante.

7.24 You should notify Bon Sante immediately if you believe that these policies regarding privacy and the use of User information have not been adhered to or if you have any questions about these policies. Bon Sante will use all commercially reasonable efforts to determine and correct any problems in a timely manner.

7.25 Bon Sante seeks to comply with all applicable laws and regulations as they are modified from time to time. In the event that any provision of these Terms of Use conflict with any applicable law or regulation, the applicable law or regulation will supercede the conflicting provision.

8.1 You expressly agree that use of the WeightCoach website is at your sole risk. The WeightCoach website is provided on an "as is" and "as available" basis.

8.2 Bon Sante recommends that you seek independent advice before acting upon Content on the WeightCoach website or Third Party Material.

8.3 The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on you in relation to the provision by Bon Sante of goods or services on the WeightCoach website which cannot be excluded, restricted or modified ("Non- excludable Rights"). Bon Sante does not exclude any Non-excludable Rights but does exclude all other conditions and warranties of any kind, express or implied by custom, law or statute including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement.

8.4 Except as provided for by the Non-excludable Rights:

(a) all Content is provided "as is" or "as available" and without warranties of any kind, either express or implied;

(b) Bon Sante and its suppliers expressly disclaim all warranties express or implied of any kind including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement;

(c) Bon Sante makes no warranty that the WeightCoach website will meet your requirements and does not make any warranty as to the results that may be obtained from the use of the WeightCoach website;

(d) Bon Sante, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currency or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the WeightCoach website or Bon Sante;

(e) Bon Sante, its affiliates and its suppliers do not make any warranties that the Content contained on the WeightCoach website satisfies government regulations requiring disclosure of information on prescription drug products;

(f) Bon Sante does not warrant against human and machine errors, or that the functions contained in any Content or any Communications Facility or your access to the WeightCoach website will be uninterrupted, timely, free from omissions, delays or losses, secure or error-free, that any defects will be corrected or that the WeightCoach website or the server which stores and transmits Content to you are free of viruses or any other harmful components;

(g) Bon Sante does not warrant or make any representation regarding your access to, or the results of your access to, the WeightCoach website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timelines, completeness, reliability or otherwise; and

(h) you (and not Bon Sante) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

8.5 Under no circumstances (including but not limited to any act or omission on the part of Bon Sante) will Bon Sante, its officers, directors, employees, agents, Information Providers or suppliers or Affiliates or the WeightCoach website be liable in any way to you or anyone else under any theory of liability or indemnity for any damage, including but not limited to direct, indirect, incidental, special and/or consequential damages or loss of profits, use, data or other intangibles whatsoever which result from any of the following, even if Bon Sante has been advised of the possibility of such damages:

(a) use or access of, or any inability to use or access, the WeightCoach website or any Content whether foreseeable or not which may result from the unavailability or malfunction of the WeightCoach website;

(b) the cost of procurement of substitute goods and services; or

(c) any goods or services purchased or obtained or messages received or transactions entered into through the WeightCoach website or resulting from unauthorised access to or alteration of your transmissions or data.

8.6 You hereby release and forever waive any and all claims you may have against Bon Sante, its officers, directors, employees, agents, Information Providers or suppliers or Affiliates or the WeightCoach website (including but not limited to claims based upon the negligence of any of the aforementioned) for losses or damages sustained in connection with the use of the WeightCoach website.

8.7 Notwithstanding the foregoing paragraph, the total liability of Bon Sante, its officers, directors, employees, agents, Information Providers, suppliers, Affiliates and the WeightCoach website, if any, shall not exceed the fees paid by the relevant User for the particular information or service provided. In no event shall Bon Sante, its officers, directors, employees, agents, Information Providers, suppliers, Affiliates or the WeightCoach website be liable for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information, Content or other parts of the WeightCoach website are hereby excluded, even if Bon Sante, its officers, directors, employees, agents, Information Providers, suppliers, Affiliates or the WeightCoach website, have been advised of the possibility of such damages.

8.8 Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

8.9 You expressly acknowledge and agree that Bon Sante does not exert control over Users (including individuals referred to on the WeightCoach website as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

8.10 To the fullest extent permitted by law, Bon Sante's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Bon Sante to the following:

(a) in the case of services supplied or offered by Bon Sante:

(i) the supply of the services again; and

(ii) the payment of the cost of having services supplied again; and

(b) in the case of goods supplied or offered by Bon Sante:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

8.11 You expressly acknowledge and agree that any material and/or data downloaded or otherwise obtained through the use of the WeightCoach website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

8.12 You expressly acknowledge and agree that Bon Sante cannot and do not guarantee or warrant that files available for downloading from the WeightCoach website will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Users of the WeightCoach website are responsible for:

(a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output; and

(b) maintaining a means external to the WeightCoach website for the reconstruction of any lost data.

8.13 The information contained on the WeightCoach website is presented in summary form, is general in nature and is intended to educate Users on general wellness and health management topics. The information does not exhaustively cover all diseases, ailments, physical conditions or their treatment and should not be considered complete. This information should not be relied on to suggest a course of treatment for a particular individual.

8.14 Nothing contained in the WeightCoach website is intended to be instructional for medical diagnosis or treatment. The information is provided by a variety of providers, who do not, directly or indirectly practise medicine or dispense medical services as part of the WeightCoach website. The information should not be used to replace a visit, call to, consultation with or advice from your medical practitioner or other qualified health care professional. You should never delay in seeking medical advice or disregard medical advice as a result of information contained on the WeightCoach website.

8.15 You should contact your medical practitioner or a qualified health care professional promptly:

(a) if you have any health care related questions; or

(b) before you commence a new treatment, diet or fitness program.

8.16 Bon Sante does not recommend or endorse any specific test, products, or procedures that may be mentioned on the WeightCoach website. Any opinions expressed on the WeightCoach website are the opinions of the authors of such opinions.

8.17 You expressly acknowledge and agree that Bon Sante does not guarantee the accuracy or completeness of, or assume any liability for the Contents, any material or information in or provided in connection with the WeightCoach website, provided by Bon Sante, its Health Experts, other visitors to the WeightCoach website or anyone else. Bon Sante is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither Bon Sante, nor its Health Experts, other visitors to the WeightCoach website or anyone else, while such individual or entity is participating in the WeightCoach website, is engaged in rendering legal, medical, counselling or other professional services or advice. Bon Sante encourages you to seek appropriate professional advice or care immediately for any situation or problem which you may have.

8.18 You expressly acknowledge and agree that Bon Sante shall not be responsible for any loss, damage or injury to persons or property caused, or alleged to have been caused, directly or indirectly, by any product, information, ideas or instruction contained, suggested or referenced on the WeightCoach website. Your participation in the WeightCoach website is solely at your own risk. No advice or information, whether oral or written, obtained by you from Bon Sante or through the WeightCoach website shall create any warranty not expressly made herein.

8.19 You understand that the Internet contains unedited materials, some of which are sexually explicit and may offend you. You access this material at your own risk. You expressly acknowledge and agree that Bon Sante has no control over and is not responsible for the content on the Internet or World Wide Web pages which are outside Bon Sante sites and waive any claim you might otherwise have against Bon Sante with respect to such sites. Links may be provided to resources which are beyond Bon Sante's control, for the convenience of Users. Bon Sante makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided.

8.20 The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. Bon Sante makes no representations about the results to be obtained from using the WeightCoach website or the Content. The use of the WeightCoach website and the Content is entirely at your own risk.

8.21 You expressly acknowledge and agree that in connection with the WeightCoach website, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchanges and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Bon Sante and its suppliers. Accordingly, Bon Sante assumes no liability for or relating to the delay, failure, interruption of any data or other information transmitted in connection with use of the WeightCoach website.

8.22 You expressly acknowledge and agree that Bon Sante assumes no responsibility for the deletion of or failure to store e-mail messages.

9.1 You expressly acknowledge and agree to indemnify, defend and hold each of Bon Sante, its subsidiaries, affiliates, officers, directors, employees, agents, Information Providers and suppliers and the WeightCoach website harmless from all losses, expenses, damages, costs, claims or demands, (including but not limited to reasonable legal fees, defense or settlement costs and accounting fees), resulting from any violation of these Terms of Use by you or any activity related to your account and/or use of the WeightCoach website (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the WeightCoach website using your service account or arising in any other way, whether in contract, tort, negligence, statute or otherwise.

10.1 The provisions in these Terms of Use relating to indemnification, waiver, release and limitation of liability are for the benefit of Bon Sante, its officers, directors, and employees, agents, licensors, Information Providers, suppliers, Affiliates and the WeightCoach website. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

11.1 The Terms of Use are effective until terminated by Bon Sante.

11.2 Bon Sante reserves the right, in its sole discretion, to immediately, at any time, without notice, upon any breach by you of these Terms of Use or upon you demonstrating conduct which is inappropriate or without cause:

(a) warn you via e-mail that you have breached these Terms of Use;

(b) delete all or any part of the Content provided by you or your agent(s) to the WeightCoach website;

(c) suspend or terminate this agreement and your access to the WeightCoach website and/or any other service provided to you by Bon Sante including but not limited to any e- mail account;

(d) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(e) take any other action whatsoever, which Bon Sante deems appropriate in its sole discretion.

11.3 Bon Sante will confirm any suspension or termination of your access to the WeightCoach website and/or any other service by subsequent notice.

11.4 In the event of termination, you are no longer authorised to access the WeightCoach website, but all restrictions imposed on you (including but not limited to copyright provisions, licenses granted by you and all Bon Sante disclaimers, waivers, releases and limitations of liability and third party rights) set out in these Terms of Use will survive.

11.5 Bon Sante reserves complete and sole discretion with respect to the operation of the WeightCoach website. Bon Sante reserves the right to:

(a) delete email if it has not been accessed by a User within the time established by Bon Sante's policies;

(b) subject to these Terms of Use, make available to third parties information relating to the WeightCoach website and Users;

(c) modify, withdraw, suspend or discontinue all or any functionality or feature of the WeightCoach website at any time with or without notice to you and without any liability to you or any third party; and

(d) modify or discontinue the WeightCoach website at any time with or without notice to you and without liability to you or any third party.

12.1 Bon Sante and its Affiliates may gather, process and use (and allow others to use):

(a) the information which you submit or otherwise provide when using the WeightCoach website (including but not limited to your name, physical address and email address);

(b) information regarding the manner in which you use the WeightCoach website (including, without limitation, all information gathered as a result of the use of Cookies).

12.2 From time to time, Bon Sante may offer and may allow others to offer, products and services to you. If you wish to discontinue receiving such offers, please contact, as appropriate, Bon Sante or the relevant Affiliate.

13.1 Australia controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are an individual or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).

14.1 Bon Sante may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the WeightCoach website or by written communication delivered to your address on record in Bon Sante's account information. You may give notice to Bon Sante at any time via electronic mail to the WeightCoach website or by letter delivered to the following address:

Bon Sante Pty Limited Level 14, 183 Macquarie Street Sydney NSW 2000
Attention: The Chief Operating Officer
Electronic Mail: weightcoach@weightcoach.co.nz

15.1 You expressly acknowledge and agree that these Terms of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree that any legal action or proceeding between Bon Sante and you for any purpose concerning these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Sydney, New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

15.2 Any cause of action or claim you may have with respect to Bon Sante must be commenced within one year after the claim or cause of action arises.

15.3 The WeightCoach website is based in Sydney, New South Wales, in Australia. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the WeightCoach website from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

15.4 If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with the applicable law and such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect.

15.5 Bon Sante's failure to insist upon or enforce strict performance of any provision of these Terms of Use or to exercise any right under these Terms of Use, will not be construed as a waiver or relinquishment to any extent of Bon Sante'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.

15.6 Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

15.7 Bon Sante may assign all or any of its rights and obligations under these Terms of Use to any party at any time without notice to you and upon such assignment Bon Sante may be relieved of any further obligation hereunder for those rights and obligations.

15.8 You represent to Bon Sante that you have authority to register with the WeightCoach website according to these Terms of Use.

15.9 These terms of Use and any additional Terms (as such terms shall be identified when posted on the WeightCoach website by Bon Sante) constitute the entire understanding between the parties as to the subject matter hereof and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Bon Sante, be deleted or modified to correct the defect and regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.

15.10 Bon Sante reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.

15.11 All rights not expressly granted herein are reserved.

Thank you for your cooperation with these Terms of Use. We hope you find the WeightCoach website helpful and convenient to use! Questions or comments regarding the WeightCoach website should be directed by electronic mail to Bon Sante.

Copyright © Bon Sante Pty Limited (ACN 003 244 559), 2003. All rights reserved.