This is a legal agreement between you (“Licensee” or “you”, “your”, “me”, “my”, “I”) and Davies Natural Therapies Pty Ltd ACN 134 071 097 as trustee for The Davies Natural Therapies Trust ABN 29 003 199 217 of 1 Brittainy Street, Petrie, Queensland 4502 (“Owner” or “we”, “our” or “us”), made at the time that you submit payment for the Davies Diet Package.

I agree to the following terms and conditions of this licence:

  1. AGREEMENT. In exchange for paying the amount for access to the Davies Diet Package as per the Owner’s offer (“Licence Fee” or “price”), I will receive a licence to access the product and materials offered under the name “The Davies Diet” (“the Davies Diet Package”).  If I pay the Licence Fee and/or download any of the Davies Diet Package, I will be taken to have read, understood and accepted the terms and conditions of this agreement. The Owner has consented to me accepting these terms and conditions via electronic transmission for the purposes of the Electronic Transactions (Queensland) Act 2001 (Queensland).
  2. LICENCE FOR PERSONAL USE ONLY (NOT OWNERSHIP).
    1. The Davies Diet Package is provided to me by way of a perpetual, non-exclusive, non-transferable limited licence to download and view on a device that I own and control for personal individual (non-commercial) use only.  That is, the Davies Diet Package and all intellectual property in it remains the property of the Owner, and I do not have any rights to on-sell or distribute any or all of The Davies Diet Package, in any form, or the licence will immediately and automatically terminate.
    2. Practitioners who wish to use or recommend The Davies Diet in clinic with their patients may only do so if they purchase a practitioner or onseller’s licence.
  3. ELECTRONIC & PRINTING RIGHTS – ONE (1) COPY ONLY. The Davies Diet Package is provided in electronic form. I do not have any right to copy the materials electronically or otherwise, or print any of the materials without breaching copyright and/or clauses 2 or 4 of this agreement, except that I may:
    1. download one copy of each document to an electronic device controlled or owned by me, provided that none of the documents are distributed or transmitted over any network or communication line, and the documents must not be copied or modified in any way (other than use of bookmarks, highlights and notes within a program’s functionality); and
    2.  print to paper one copy of each of the following documents for personal use only:
      1. “The Davies Diet” ebook – ISBN: 978-0-9875855-9-2;
      2. The Davies Diet Recipe eBook – ISBN: 978-0-9875855-7-8;
      3. The bonus documents titled Davies Diet FAQs, The Davies Diet Shake Troubleshooting, Getting Started, Loading Audio Book, Welcome Letter, Fast Start Diet 1, Fast Start Diet 2, Fast Start Exercise, For Your Doctor and Maintenance Exercise; and
      4. load the audio book (“The Davies Diet Audio Book” ISBN: 978-0-9875855-8-5) into a program that allows me to play the file on my computer and on one portable device for personal use only; and
      5. print any of the remaining bonus documents in the Davies Diet Package (being the Food Diary, Maintenance Record, Pantry Davies Diet, Progress Record, Shopping Lists for Fat Loss or Shopping Lists for Maintenance) as and when required for personal use only.
  4. CONFIDENTIALITY. The following obligations continue without limit in time (even if this agreement is terminated):
    1. No Sharing or Disclosure of the Davies Diet Package. I must not privately or publicly communicate, show anyone, post on the internet or in a public place, make available on any network where it could be used by multiple users or devices at the same time, copy or provide copies of (“disclose”, “disclosed” or “disclosure”) any documents in the Davies Diet Package or sufficient details of the Davies Diet that another person could follow the Davies Diet (“Confidential Information”) to any other person, as this information is confidential and copyright to the Owner.
    2. Protect Confidentiality. I must use reasonable endeavours to keep the Confidential Information secure, protected from theft, disclosure, reproduction, distribution, publication or unauthorised use, and must notify the Owner if I become aware of any potential or unauthorised disclosure of the Confidential Information and take all reasonable steps necessary to prevent further unauthorised disclosure.
    3. Damages. In the event that I disclose or allow the Confidential Information to be disclosed to another person(s), or otherwise fail to comply with 4.a or 4.b, I acknowledge that this will cause the Owner loss and damage. The estimated loss and damage to the Owner for this failure (excluding costs, expenses, actions or claims) is estimated as the greater of $AU197 (being the initial price of the Davies Diet Package) and the price of the Davies Diet Package at the time of the breach, per person to whom I disclose or allow the Confidential Information to be disclosed to (and persons those persons disclose or allow disclosure to).  At the Owner’s election, the Owner may make a claim for unliquidated damages for a breach of clause 4.a or 4.b; or recover from me as a liquidated debt an amount equal to the estimated loss and/or damage.  Any claim by the Owner made under this clause is, to the extent allowed by law, in addition to the Owner’s rights under clauses 11 and 12.
    4. Injunction. In the event that I disclose, allow disclosure or fail to prevent disclosure of the Confidential Information to a significant portion of the public or the public domain, that the Owner will suffer financial and other loss and damage and that monetary damages are an insufficient remedy. I acknowledge and accept that in addition to any other remedy which may be available at law or in equity, the Owner is entitled to injunctive relief to prevent a breach by me, and/or to confiscate or delete the Davies Diet Package from my possession and/or to compel specific performance of this agreement.
  5. PRICE & CHARGES. All charges will be made in Australian dollars. When you authorise payment, you are providing an authorisation to process your payment and complete the transaction which will remain valid for up to 30 Days. If your payment requires a currency conversion, the exchange rate will be determined at the time your payment is processed and completed.
  6. DELIVERY OF PACKAGE. Delivery of the Davies Diet Package will be via download from the internet, which may be via an intermediary, where access details (which may include a login, password, transaction ID and an email address that you may contact if you need assistance (“support email address”)) will be notified to you within a reasonable time after your payment is processed. Delivery is deemed to have been made at the time you are sent an email (to the email address supplied at the time of making payment) providing you with access details to download the Davies Diet Package. The Davies Diet Package will remain accessible for download for a reasonable amount of time. It is your responsibility to download an electronic copy of the Davies Diet Package while it remains accessible. If you are unable to download the Davies Diet Package or forget your access details, you should contact the support email address.
  7. FILE RISK. We believe that all files made available for download are safe for download and do not carry any malware which could harm or otherwise damage or render inoperable your computer. However, we do not guarantee or warrant this, and all files are downloaded and stored at your risk.
  8. SATISFACTION GUARANTEE. If for any reason you are not satisfied with the product, you are entitled to a full refund, no questions asked, on the condition that:
    1. you give written notice to the support email address within 30 days of submitting payment that you would like a refund, stating your name, address and transaction ID received at the time of payment and otherwise comply with the procedures (if any) of any intermediary who made the Davies Diet Package available to you for access. For example, you may be required to login to an intermediary to make your request. If you access the files via an intermediary, you understand that the intermediary has the authority to, and you agree that the intermediary is responsible for, providing refunds on the Owner’s behalf. It is your responsibility to retain the access details that you received on delivery of the Davies Diet Package for the purpose of requesting a refund, or to contact the intermediary for your access details and/or password reset; and
    2. on receiving a refund, you must delete all electronic copies of the Davies Diet Package from your equipment, destroy all paper or other copies, and continue to comply with the confidentiality clauses of this agreement.
  9. DISCLAIMER OF LIABILITY FOR WARRANTIES & REPRESENTATIONS. Subject to clause 8:
    1. The Davies Diet Package is provided without warranties of any kind, either express or implied and you have not relied on any representations in purchasing the products and materials (and all conditions, warranties and representations implied by custom law or statute are excluded except to the extent that they cannot be excluded, restricted or modified by law, whether under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law or otherwise).  We do not warrant that the Davies Diet will suit your personal circumstances, and it is your responsibility to read all the materials provided and to seek the advice of a physician where appropriate. We do not warrant that products and materials will be complete or free from all errors, nor that they will be updated or that information will be available to us to enable to update them.
    2. Except as provided above, under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, our products or services. In the event that we are unable to limit this obligation by law, then you agree that our maximum liability is $50.
    3. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to refunding the price.
  10. UPDATES. In the event that we publish updates (including updated versions) to the Davies Diet Package, updates will be available via the initial location the Davies Diet Package was made available to you or other location notified by us to you. Notification of published updates and instructions for download may be sent to your email address provided at the time of payment (or if you have given them written notice of a new email address, that email address), but there is no obligation to provide such notifications. If you download any of the updates, you will be taken to have downloaded them on the terms and conditions of this licence including without limitation clause 4 (unless the updates are accompanied by a separate licence in which case the terms of that licence will apply).
  11. REIMBURSEMENT & INDEMNITY. I agree to indemnify and reimburse the Owner for all costs, expenses, actions or claims  (including legal costs and disbursements on a full indemnity basis) incurred or suffered directly or indirectly resulting from or arising out of any breach of this Agreement by me, including the Owner enforcing, or seeking advice in relation to the enforcement of, this agreement.
  12. TERMINATION. We may, in our sole discretion, terminate this licence by written notice to you if you materially breach this agreement. For example, if you do not comply with the confidentiality provisions. If we terminate this agreement, you must immediately delete all your electronic copies of the Davies Diet Package and destroy all your paper or other copies of the Davies Diet Package.
  13. GST. The terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and “GST” also includes any penalties or additional tax imposed relating to the GST payable in relation to the supply of the Davies Diet Package. Any amount payable by you for the licence of the Davies Diet Package is inclusive of GST. If the amount of GST paid or payable by us on the supply differs from the amount of GST you have paid, then we will adjust the amount of GST paid either by further payment to us or repayment to you by the relevant amount. In relation to any GST paid by a party under this licence, including any adjustment, a tax invoice will be provided by us.
  14. PRIVACY.
    1. You acknowledge that personal information concerning you that is collected or held by us may be used for a variety of purposes including:
      1. to supply products and services that you have ordered, including updates to those products and services;
      2. to administer your account and to enforce this contract; and

iii. for marketing purposes by us. We will not disclose your information to anyone else unless required by law.

  1. If you do not want us to use your personal information for marketing purposes, please advise us in writing. If you would like access to your personal information or to have it corrected, please contact us.
  2. If you provide us with personal information about any other individual, you must ensure that the individual is aware:
    1. that you have supplied their personal information to us and the reason; and
    2. of the details in this clause 14 which apply to information we collect about them as well as information we collect about you.
  3. GOVERNING LAW. This agreement is governed by and construed according to the law of the State of Queensland and the parties agree to submit to the jurisdiction of the courts and tribunals exercising jurisdiction in that State.
  4. GENERAL. Except as otherwise stated, this agreement contains the entire agreement between the parties with respect to its subject matter and supersedes any and all prior understandings and agreements, oral or written, relating to it. Neither this agreement nor any part of it shall be assigned, sub-licensed or otherwise transferred by you without our prior written consent, which may be withheld in our absolute discretion. If any part of this agreement is held void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other parts of this agreement shall not be affected. Failure of either party to enforce any part of this agreement shall not be considered waiver. References to a whole include references to a part and vice versa.