Terms & Conditions

 

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Terms & Conditions of Use

The 40:40:20 3 Week Meal Plan Program delivers considerable online resources and benefits to your health. However, in doing so there are key rules you agree to by undertaking the use of the EllaWell Pty Ltd ABN: 116 049 536 39 and http://www.404020.com/ website and or 40:40:20 social media pages and 40:40:20 3 Week Meal Plan Program.

By clicking "I accept", you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor.

By clicking "I accept", you represent and warrant that you are at least 16 years old (or the age of majority in your jurisdiction, if it is not 16), and if you are registering on behalf of a minor, that you are their legal guardian.

These terms apply to the use of this Website, including the use of the information services provided through this Website.

About Us

The www.404020.com website is created and operated by the EllaWell Pty Ltd ABN: 116 049 536 39  of Suite 602, Level 6, 251 Oxford Street, Bondi Junction NSW 2022, Australia.

You Agree To The Following via the Digital Delivery 40:40:20 3 Week Meal Plan Program

By using this website means that you have agreed to the following terms of use. Please note we may change these terms of use at any time, without telling you. If we make a change, the next time you use this website will mean you agree to the amended terms of use.

Our Services

Periodically we will be updating the delivery platform and therefore some short delays may occur to your online access and service, but we cannot promise that the website will be available at all times and may stop the operation of part of the website or all of it, at any time and without telling you.

EllaWell Pty Ltd and its directors will not be responsible for any loss, cost, damage or liability that may arise as a result. We try to make sure the content on the website is accurate, but we do not guarantee this. The content is also general in nature and does not constitute advice in any way.

As stated on the 404020.com website you must take caution before commencing any nutrition health and weight loss program, you must consult your medical team, general practitioner or allied health care practitioner without limitation.

Intellectual Property

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, 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 recipes or exercise programs) on any other website, including on social media pages or websites;
  • using the logo or trade marks of this Website, the phrase 40:40:20 3 Week Meal Plan(or anything substantially identical or deceptively similar), 40:40:20 Company  or her likeness to describe, market, endorse or promote any goods or services (including goods and services such as 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 or 40:40:20 Company ; 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.

Disclaimer, Implied Results and Guarantees

All material on the website is provided to you without warranties of any kind, including warranties of merchantability and fitness for purpose. We do not warrant that the website or the website server are free of viruses or any other harmful components.

As stated on the 404020.com website you must take caution before commencing any nutrition health and weight loss program, you must consult your medical team, general practitioner or allied health care practitioner without limitation.

Your Code Of Conduct

  • The registration fee is for single use only via the 40:40:20 3 Week Meal Plan Program. The sharing of login details is prohibited.
  • Use the website for anything that breaks the law or infringes someone else's rights;
  • Discredit the 40:40:20 Company and or team members and associates; Post or send any material via the website or social media which harms anyone else or use the website to send unsolicited messages.
  • Defame, discredit, or slander any persons reputation and or associated views.
  • You must not share the information from the 40:40:20 3 Week Meal Plan Program and or associated media portals including: facebook, instagram, twitter and or similar social media platforms.
  • Tamper with the website or transmit any viruses via the website in any way.

Limitation of Liability

Indirect and Consequential Loss

To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

Terms Implied by Law

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

  • if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
  • if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

The limitation of liability set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Right of Service Refusal

The 40:40:20 Company Pty Ltd reserves the right to decline any potential and or existing customer from access to the 40:40:20 3 Week Meal Plan Program and social media platforms without notice.

EllaWell Pty Ltd may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.

If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

Refund & Returns Policy

We are unable to offer refunds: You can restart your 40:40:20 3 Week Meal Plan Program by adjusting your start date online for up to a period of 3 months.

The 40:40:20 3 Week Meal Plan Program delivers considerable online resources and intellectual property. Therefore we are unable to offer refunds. By accepting entry to the 40:40:20 3 Week Meal Plan Program online portal you revoke your right to a refund unless under exceptional circumstances as agreed by the management.

Delivery Policy

Digital Delivery 40:40:20 3 Week Meal Plan Program

After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order we will attempt to send your access with immediate access.

If you wish to query a delivery please contact us at http://www.404020.com/contact

Applicable Law

These terms of use are governed by New South Wales law and if there's a dispute concerning these terms of use, the courts in New South Wales will determine the outcome.

Contact Us

If you have any questions relating to these terms of use, contact us via:
http://www.404020.com/contact

Complete the questionnaire today

get started
 

get started today

Complete the
questionnaire to start
your program…