The Bio-Alai® Personalised Nutrition Program: Terms and Conditions and Disclaimer

In registering for a Bio-Alai® Personalised Nutrition Program, or by accessing the Bio-Alai® online platform or website, you agree to accept these terms and conditions.

Please read them carefully.

Definitions

‘We’, ‘us’, and ‘our’ refers to Bio-Alai® Pty Ltd, or related companies, agents, suppliers, or licensors.

‘You’ and ‘your’ refers to you the user of the site, or to the organisation or company you are authorised to represent.

'Plan’ refers to the information contained within and all relevant or accompanying information, guidance and education that form part of the inclusions for the Bio-Alai® Personalised Nutrition Program.

‘Services’ refers to any service or information provided in any form from Bio-Alai® to you.

Services include provision of verbal, presented or written information, the Plan and all content contained within our website, social media accounts and any online platform created by Bio-Alai®.

‘Health questionnaire’ refers to the form you complete prior to registering for a Plan.

‘Information’ means any information provided within or during your Plan or accessed through the Bio-Alai® website.

Access

To access the Plan, you must complete our health questionnaire.

We abide by Australian Privacy Principles contained in the Privacy Act 1988 (Cth). We may collect, use, and disclose various personal information about you for the purposes of providing the Services to you. For more information about how we collect, store, and use your personal data please refer to our Privacy policy.

By agreeing to receive the Services you consent to us sharing your personal information (which may include sensitive health information) with third parties, business associates, or affiliates for the purpose of us providing the Services to you.

You acknowledge and agree that Bio-Alai.com is an online platform. As such, the Services necessarily may involve the disclosure of your personal information to overseas locations.

We use cookies on our website to improve the delivery of content.

Your Responsibilities

You agree, warrant, understand and confirm that:

  • The information you have provided in the health questionnaire and any other forum within our control is current, true, and correct.
  • You will use the Plan and its information for your personal use only and will not share the content with any other person.
  • You will only use the Plan to guide your own diet and lifestyle choices.
  • You understand that individual results may vary, and results cannot be guaranteed. We cannot be held responsible for any particular outcome experienced by you.
  • You understand that the Plan and our Services do not constitute medical advice or replace care provided by your own medical practitioner(s). The Plan is developed using a coded platform according to your responses to the online health questionnaire. This is an automated system that is not medically reviewed. Any Information provided by healthcare or other professionals within or during the Plan or content in any form, is not medical advice. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Plan is not a substitute for healthcare, diagnosis, and treatment when a medical condition, symptoms or illness is present.
  • By registering for a Plan, you confirm that you have sought medical help for diagnosis, treatment and advice regarding any symptoms, medical conditions, or illnesses you currently have, have had in the past or experience while on the Plan.

Prices

Our prices are in Australian dollars. GST of 10% is included in the Plan price.

Any additional services beyond the inclusions noted on our website will incur an additional cost.

We reserve the right to change our prices at any time. Upon request only, we will send your receipt to the email address you supply when you register for your personalised plan.

Payment

Payment is required at time of registration.

Health Insurance Cover and Rebates

The Plan is not a medical or health service and as such does not attract any rebates on the cost by Medicare or your Private Health Insurer. Bio-Alai® makes no representation or warranty regarding any benefits, payments, or reimbursements which you may be entitled to from your insurer.

Cancellation and refunds

No refund or cancellation will be available where you change your mind after receiving access to your Plan and its inclusions, or where your personal circumstances change. If you have any medical conditions or are taking any medications, you must discuss your suitability for participation with your usual treating doctor prior to registration and payment. If, after registration, your doctor deems that the Plan is not suitable for you, your payment will be forfeited as by accepting these Terms and Conditions, you confirm that you have sought medical advice prior to payment.

Limited liability

To the extent permitted by law, you agree to release us from and indemnify us and hold us harmless against all costs, losses, expenses, claims, liabilities, and damages incurred by you or any third party arising from the information contained within your Plan, any of its inclusions or on our website.

You agree to accept all liability for any:

  • breach (including data breaches);
  • negligence; or
  • fraudulent or dishonest conduct, by you or any person using your login details.

The Bio-Alai® website and platform may facilitate communication between clients and professionals in many fields, including health practitioners. Whilst we have taken steps to ensure that each professional and practitioner is suitably qualified, skilled, and trained, we do not make any representation or warranty about their qualifications, skill, or suitability.
 
You release us from liability in respect of all acts, omissions, or defaults (whether negligent or otherwise) of any profession, practitioner or other third party with whom you come into contact through our website or in the course of the Services.
 
The services provided by the health or other professionals are not medical or any other type of health service. No diagnosis or treatment of, or advice regarding, any medical condition, symptoms or illness will be offered. Bio-Alai® cannot substitute for, and is not an alternative to, medical or other healthcare diagnosis and treatment when a medical condition, symptom or illness is present.
 
Prior to registration it is mandatory that you seek diagnosis, treatment and advice regarding any medical condition, symptom, or illnesses from a licensed healthcare professional.
 
Bio-Alai® may facilitate the use of third-party services such as continuous glucose monitoring or genetic testing. The use of these third-party services is subject to that third party’s terms and conditions of use. We encourage you to read those third-party terms and conditions of use prior to accessing their services. As Bio-Alai® has no control over such services, you acknowledge and agree that Bio-Alai® is not responsible or liable for any loss or damage of any kind incurred by you as the result of the use of these third-party services.
 
Access to our website is solely at your own risk. We do not warrant that any information, data, software, or other material accessible from our website is free of computer viruses, or other computer programs, codes, or other harmful components. You must ensure that the device used to access the Platform is protected by up-to-date anti-virus software.
 
We do not guarantee the content or privacy practices associated with linked sites. Disputes If at any time you have a complaint or believe that a dispute has arisen with us in relation to the Services, you must notify us, and work with us in good faith to seek to resolve the matter.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws in force in Queensland, Australia If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in force.

Changes to our terms of service

We reserve the right to change these terms and conditions from time to time. We will notify you by posting the revised terms on our site. The terms on our site at the time of your purchase apply to that purchase. We may, at times change these Terms and Conditions and will notify you by electronic communication or within your account at least 30 days before such changes apply.
 
You must provide us with accurate, true, and correct contact details and you must keep this information up to date. Please ensure you notify us of any changes to your information by updating your contact information on your Account.
 
We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

Disclaimer

We will provide our Services with reasonable care and skill. However, all representations (whether express or implied) and all other implied conditions, warranties and terms relating to our services are otherwise excluded to the extent permitted by law.
 
To the extent permitted by law, we will not be responsible or liable for:

  • any consequential, incidental, indirect, or special damage or loss of any kind
  • the supply, by you or others, of incorrect, incomplete, or misleading information and/or documentation
  • the failure by you or others to supply appropriate, relevant, or timely information and/or documentation
  • the failure by you or others to act on our advice or to respond promptly to any communications from us or any other person, or the default, negligence, or lack of care on the part of any other person
  • your use of or reliance on information contained on or accessed through this site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.

Healthcare disclaimer

The Plan provides dietary and lifestyle support and educational content. We do not offer any medical advice or supervision.
 
Participants in the Plan are not under the medical care of any of our health practitioners in any capacity.
 
We strongly advise and recommend that you seek medical advice before and during participation in the Plan.

The Plan is not suitable for anyone:

  • Under 18 years of age without a prior conversation together
  • Underweight or undernourished
  • Pregnant or breastfeeding or undergoing fertility treatment
  • Who has had serious physical or mental health issues within the last 12 months or requires complex prescription medication

You acknowledge that the Information:

  • is not intended as a substitute for, nor does it replace, a medical practitioner’s independent medical advice, diagnosis, treatment, or judgment about the appropriateness or risks of treatment, for you
  • is provided for guidance and informational purposes only, and that any assumptions used, and figures generated are for purposes of illustration and reference only, and are subject to change depending on a variety of factors, which may not have been considered
  • should not be considered complete, nor should it be solely relied on to suggest a course of treatment for a particular individual.

Important Jurisdiction Exclusion Notice

Please note that citizens of the United States of America and Canadian unfortunately are not eligible for a Bio-Alai Personalised Nutrition Plan. This exclusion stems from regulatory factors and lack of medicolegal coverage. As a result, residents of the United States and Canada are advised to explore alternative avenues for nutrition-related guidance within their respective countries. By registering for a Bio-Alai Personalised Nutrition Plan you acknowledge that you have read, understood and agree to the Terms & Conditions of Registering Bio-Alai Personalised Nutrition Plan.