Welcome to The Gabriel Method (we or us). We know you are excited about transforming yourself into a naturally thin person, but we ask that you take time to read and understand these terms and conditions carefully. They explain a number of things, including the rules covering the goods and services we provide to you and other information regarding your rights and obligations.
We provide a range of electronic services, including this website and electronic newsletters, (Electronic Services) to assist you in your goal of sustainable weight-loss.
- Protecting the online privacy of children is especially important to us. By subscribing to our Electronic Services, you represent and warrant that you are 18 years old or over. If you are under 18 years old, please do not attempt to subscribe to our Electronic Services.
- Any personal information, e-mail addresses or other electronic addresses provided in or accessible through an Electronic Service must not be harvested for use in another database or used to send spam or be placed on any e-mail list.
- All media, information, trademarks, trade names, logos and other material provided through our Electronic Services (including all copyright and other rights contained in them) are owned by our licensors or us and must not be reproduced or dealt with in any way without our consent.
- We do not gain ownership of any material you provide to us through our Electronic Services unless you agree otherwise. However, you give us a perpetual, royalty free, irrevocable, assignable, worldwide licence to use all existing and future intellectual property and other rights contained in any material you provide to us through our Electronic Services (including the right to reproduce, publish, adapt, rent, modify and communicate the material to the public), solely in connection with the operation of our Electronic Services in compliance with these terms and conditions.
- We provide for your convenience and awareness, amongst other things, references or links to other websites or references to other people, services or information. We may not agree with and are not responsible for the content of those linked websites and encourage you to make your own decision about the accuracy and reliability of information found on those websites. If you believe we are using or linking to any material that infringes the rights of a third party (including copyright), please notify us immediately.
- All notices of copyright infringement should be sent to:
The Gabriel Method Pty Ltd
Shop 8 Palm Court
69 Strickland Street
along with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity;
- the address, telephone number or e-mail address of the complaining party;
- a statement that the complaining party believes in good faith that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- a statement that the information in the notice of copyright infringement is accurate.
- To protect the security of your account, you must keep secret any passwords provided to or used by you in order to use our Electronic Services and you will be entirely responsible for the conduct of any person using your password. Please immediately notify us if there is any breach of security or unauthorised disclosure or use of your password and ensure you log out any device connected to our Electronic Services if you are going to leave the device unattended for even a short while.
- You acknowledge and agree that we may suspend or terminate your access and subscription to our Electronic Services at any time without notice if you don’t comply with these terms and conditions or we reasonably believe that you intend or are likely to breach these terms and conditions.
- We may also terminate or suspend your access and subscription to our Electronic Services at any time without cause and without notice.
- We ask that if you make any link to an Electronic Service, you do it in a way that presents the service as we intended. Please don’t copy, frame or manipulate the material contained in an Electronic Service or hide its origin or ownership.
- You agree to us communicating with you regarding our various activities, events, Electronic Services and your material by electronic messages.
- We use reasonable care in preparing and presenting material we provide through our Electronic Services. However, some content, such as testimonials and feedback regarding our products and services, may be provided by third parties, including other users (Third Party Content), and we are not responsible for the accuracy of or under any obligation to verify that information. You acknowledge and agree that you may be exposed to material that does not comply with these terms and conditions when using our Electronic Services.
- Information provided through our Electronic Services, including Third Party Content, is provided as general information and reference only and in no way provided as our advice, approval, recommendation or endorsement. If you have any questions regarding our content, please contact us at our address below. If you have specific enquiries regarding the Third Party Content, you should contact the user or third party supplying the material. Just to be sure, you should check the information and get independent advice regarding any issue before making any decision or taking any action.
- We do not warrant that our Electronic Services comply with any particular laws, regulations, codes or industry standards of any country. You acknowledge and agree to use our Electronic Services at your own risk and accept responsibility for ensuring or confirming compliance with all applicable laws resulting from your access or any consequent transactions or dealings with other users, third parties or us.
- Our Electronic Services may occasionally be unavailable for maintenance, updating or otherwise. While we take great care in operating our Electronic Services, information and material provided through the Electronic Services might not always be accurate, suitable for you, available, complete or current.
- We may change the content or format or method of delivery of the Electronic Services or withdraw any material or services provided from time to time. We may also refuse to allow any user or third party access to the Electronic Services.
- Our method of weight-loss has transformed many people’s lives. However, as each individual is different, we make no statements or guarantees as to the suitability and effectiveness of our weight-loss method promoted through our Electronic Services in your specific situation.
- The information contained in our Electronic Services is intended to be educational and not for diagnosis, prescription or treatment of any health disorder whatsoever.
- We also make no statements or guarantees as to the term or duration of any weight-loss you achieve by using any of our products or services.
- Please consult with your physician before and during the time that you are using the principles of The Gabriel Method and never discontinue medication without talking to your doctor first.
- We cannot take responsibility or accept liability for your conduct using our Electronic Services. You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in the Electronic Services and you agree to indemnify us and our officers, employees, agents, contractors and advisors against any such claims.
- we cannot take responsibility and won’t be liable for information or services provided through our Electronic Services, or for any action you take, whether due to our negligence or otherwise;
- we won’t be liable for any claims, loss, damage, costs (including legal costs), expense or liability of any kind you or any other person suffers in connection with our Electronic Services, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence or otherwise. The same applies to our officers, employees, agents, contractors and advisors;
- we won’t be liable for any loss, alteration of or damage to any material you provide to us through our Electronic Services;
- we exclude all terms and warranties implied by law. If a term or warranty cannot be lawfully excluded, then as much as lawfully possible we limit our liability to, at our option and where applicable, resupplying or the cost of you acquiring the relevant services;
- we won’t be liable in any circumstances for any delays or interruptions in the provision of the Electronic Services; and
- you irrevocably release us from any claim or cause of action that you might otherwise have against us in connection with these terms and conditions, our Electronic Services or any material or services supplied in connection with the Electronic Services, where that claim or cause of action is not made against us within 12 calendar months of the claim or cause of action arising.
- Except as provided in clause 27(d), as much as lawfully possible our total aggregate liability to you for any loss (including consequential loss) which is suffered or incurred by you in connection with or relating to any Electronic Service and which cannot lawfully be excluded, however caused, is limited to the lesser of AU$50 and the amount paid to us by you in relation to our Electronic Services in the 12 months prior to the loss occurring (less GST).
- The laws of New South Wales, Australia, govern access to and participation in the Electronic Services and you agree to be bound by the laws and submit to the jurisdiction of the Courts of New South Wales.
- We do not offer to provide services in any place if it would be illegal there. You must not access or use the Electronic Services from such a place in a way that would breach a law of that place.
- We may transfer or sublicense our rights and obligations under these terms and conditions but you may not.
- The use of the word “including” in these terms and conditions is not to be taken as limiting the meaning of the words preceding it.
- Any provision of these terms and conditions that is invalid in any place is only invalid in that place to that extent, without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision in any other place
- Unless otherwise indicated or agreed, all charges relating to our Electronic Services are in Australian dollars (AU$) and exclude any value-added, sales, or goods and services tax or duties applicable in your jurisdiction. You agree to pay us any taxes or duties applicable to our provision of our Electronic Services or any related materials or services in your jurisdiction when requested.
- Any failure by any party to exercise any right under these terms and conditions does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.
- If you do not agree to be bound by these terms and conditions, you must not use or sign-up to any Electronic Services, including this website and any electronic newsletter.
Your Information and Privacy
Electronic Services and downtime
Limitation of Liability
We aim to provide you with a fast, reliable, informative and secure service and to protect your personal information. However, to the full extent permitted by law:
Law and Jurisdiction