These terms apply to the use of this Website, including the use of the information services provided through this Website.
Upon registration as a member, you will be provided with an account. You must not disclose access to your account to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Dale Health is entitled to suspend or terminate your use of the Website or membership at any time if Dale Health considers that you have brought, or may bring, the reputation of Dale Health, the Shrinked product or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
2. Medical Information/Conditions
Information on this web site is provided by Dale Health Pty Ltd and is intended for general information purposes only. The information is not intended to be a substitute for medical advice and we recommend that all exercise and diet plans should always be taken under the supervision of an appropriate healthcare professional. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. WE DO NOT OFFER MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. You should always obtain complete medical information prior to using any form of meal replacements, diet programs or exercise programs with your health care professional.
3. Use of Information
We prohibit the use of this Website and any of its functionalities, features and content 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 User 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;
- bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- harvest or collect email addresses, photographs or personal information of other users;
- impersonate any person or entity;
- 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 harmful data, code or material;
- exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- provide access or links to any material (including links to peer to peer network “trackers”) 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.
4. Intellectual Property
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, videos, materials, recipes, exercise plans, text, graphics, logos, icons, sound recordings, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
- sharing the content of this Website or your account with other persons;
- publishing or posting any of the content (such as weekly materials, recipes or exercise plans) on any other website, including on social media pages or websites;
- using the logo or trade marks of this Website, the phrase Shrinked (or anything substantially identical or deceptively similar), Dale Health or Shrinked to describe, market, endorse or promote any goods or services (including goods and services such as weight loss services, meal plans and personal training services);
- registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us Dale Health or Shrinked; and
- systematic downloading or “scraping” of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
5. Trademarks/Proprietary Rights
You should assume that all product names appearing on this Site, whether or not appearing in large print or with the trademark symbol are trademarks of Dale Health Pty Ltd. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Dale Health Pty Ltd and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Dale Health Pty Ltd and/or other parties is granted to or conferred upon you.
6. Disclaimer of Warranties
While Dale Health Pty Ltd uses reasonable efforts to ensure that the Information is accurate and up to date; the Information may contain technical inaccuracies or typographical errors. Dale Health Pty Ltd reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice. Dale Health Pty Ltd makes no warranties or representations as to the accuracy of any of the Information. Dale Health Pty Ltd or its agents assumes no liability or responsibility for any errors or omissions in the content of the Site. ALL INFORMATION IS PROVIDED “AS IS” Dale Health Pty Ltd PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER Dale Health Pty Ltd, NOR ANY OTHER Dale Health Pty Ltd COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, REPRESENTING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Dale Health Pty Ltd also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Information. Dale Health Pty Ltd reserves the right to discontinue this Site at any time without notice and without liability.
7. Information You Supply To Us
8. Links To This Site
Dale Health Pty Ltd has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site without the prior written consent of Dale Health Pty Ltd. Quotation or use of one or more portions of this Site in the site of any third parties without written consent is likewise prohibited.
9. Links To Other Sites
Dale Health Pty Ltd does not receive money for paid reviews of products. We will however include affiliate links where we make money if a visitor decides to purchase a product from our link. We provide the following list of such relationships for Dale Health Pty Ltd
10. Postings To This Site
Although Shrinked may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Dale Health Pty Ltd is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Dale Health Pty Ltd will fully cooperate with any law enforcement authorities or court order requesting or directing Dale Health Pty Ltd to disclose the identity of anyone posting any such information or materials.
13. Technical Requirements
The Shrinked website is available to both Apple Macintosh® users and Microsoft Windows® users and requires internet access. In order to use the Shrinked website effectively, you will need to make sure you have the appropriate hardware and software for your computer.
14. Consumer Health Notice
Be sure that your decision to use Dale Health and Shrinked, services and offerings is an informed one by reading this Consumer Warning*.
- WARNING: Rapid weight loss may cause serious health problems. (Rapid weight loss is weight loss of more than 1 1/2 pounds to 2 pounds (0.68kg to 0.9kg) per week, or weight loss of more than 1% of body weight per week after the second week of participation in any weight loss plan.)
- Only permanent lifestyle changes – such as making healthful food choices and increasing physical activity – promote long-term and sustained weight loss.
- Consult your personal physician before starting any weight loss plan.
- Qualifications of this provider’s staff are available upon request.
- You have a right to:
- ask questions about the potential health risks of this weight loss plan, its nutritional content, and its;
- psychological support and educational components;
The Dale Health and Shrinked weight loss plans are developed by respected health professionals. However, Dale Health is not a medical organization and we cannot give you medical advice. We strongly urge you to consult with your physician (or primary health-care provider) prior to starting any weight loss plan. We also urge you to get periodic medical checkups. Weight loss can create physical changes that should be medically monitored. Studies have shown, for example, that weight loss can aggravate gall bladder illness. Medical monitoring is especially important for people with a known medical condition. The Shrinked Plan is healthful, but is not intended to treat any illness or disease. In addition:
- Dale Health requires all people prior to participation in its weight loss plans to seek medical clearance from their medical practitioner,
- Dale Health does not recommend the Shrinked weight loss plans for those under the age of 18,
- If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially important to show the Shrinked weight loss plan to your medical practitioner. Any modifications made to the plan by your physician should be followed.
- The Shrinked plans are designed for a safe rate of weight loss – in the order of two pounds (1kg) per week (after the first three weeks). If you lose at a greater rate, you must review the Plan guidelines and adapt them, if necessary, to avoid rapid weight loss. Not following the Plan as designed may pose the risk of developing health complications associated with rapid weight loss.
15. Payment and Refunds
Orders are subject to acceptance by Dale Health. Acceptance (or rejection) of an order will be notified to you by acceptance of the order. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered. Please note that all payment amounts are represented in AUD$.
We expect that we will use Stripe payment gateway or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our subscription fee and other charges are GST (Goods and Services Tax) inclusive (where applicable). The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
All fees are non-refundable and are non-transferable, unless:
- during the period in which you have paid for access to our information service through this Website, the information service is not available for a period lasting more than 3 consecutive days. In this circumstance, a pro rata refund may be granted upon written notification by clicking here, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, twitter, etc); or
- we agree to issue you with a refund in accordance with the clause (variation) below. To the extent permitted by law, you must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your agreement with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances, other than any rights that may be available to you under the Australian Consumer Law. All fees are non cancellable and non refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the full 12 months where subscribing monthly for the Shrinked for Life program). The Dale Health goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or Shrinked members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:
- received notice of such changes when we place a notice on the Website setting out the changes; and
- agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.
If you do not agree with the changes, then prior to you accessing your account you may notify us in written by clicking here, and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.
17. Shrinked Membership
Your Shrinked membership will continue week-to-week until terminated. Unless you cancel your membership before your weekly renewal date, you authorise us to charge your next week’s membership fee to your Payment Method (see “Cancellation” below). To use the Shrinked membership you must have Internet access and a device capable of streaming media, and must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”).
Reduced Price Trials. Your Shrinked membership may start with a reduced price trial. The reduced price trial period of your membership lasts for one week, or as otherwise specified during sign-up and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a reduced price trial.
We will bill your Payment Method for your weekly membership fee at the end of the reduced price trial period unless you cancel your membership prior to the end of the reduced price trial period.
Billing Cycle. The membership fee for our service will be billed on a weekly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example if your Payment Method has not successfully settled.
Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Shrinked membership until we have obtained a valid Payment Method. You authorise us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You can cancel your Shrinked membership at any time. We do not provide refunds or credits for any partial-week membership periods. To cancel your membership, click on the ‘Cancel Subscription’ button located on the ‘My Program’ page of the website here. If you cancel your membership, your account will automatically close at the end of your current billing period. You can rejoin at any time by logging back in and clicking the ‘Subscribe Again’ button on the My Program’ page.
Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you.