Website Terms of Use

These Website Terms of Use (“Terms”) govern your access to and use of our website at www.deezibara.com, your member account, and our related online content, products and services (together, the “Website”). The Website is operated by Rhubarb Group Pty Ltd (ABN 58 653 651 855), trading as Dee Zibara (“we”, “us”, “our”).

By accessing or using the Website, or by purchasing from us, you agree to these Terms. If you do not agree, please do not use the Website.

1. About these Terms and other agreements

These Terms govern general use of the Website. If you purchase or take part in one of our programs, challenges, protocols or products (each a “Program”), your participation is also governed by our Program Terms, Waiver of Liability & Acknowledgement, which you must accept during onboarding, and which contain the health, exercise, results and refund terms for that Program. Your use of the Website is also subject to our Privacy Policy. If there is any inconsistency between these Terms and the Program Terms in relation to a Program, the Program Terms prevail for that Program.

2. Our platform

We provide the Website and member accounts through a third-party platform (Kajabi). You may access your account on the web or through Kajabi’s own mobile app. Kajabi’s platform and app are provided by Kajabi under its own terms and privacy policy, and we are not responsible for them.

3. Changes to these Terms

We may update these Terms at any time by publishing the updated version on the Website. Where changes are material and could adversely affect you, we will take reasonable steps to notify you. Your continued use of the Website after a change takes effect is acceptance of the updated Terms. You are bound by the current version each time you use the Website, and it is your responsibility to check this page periodically.

4. Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to enter a binding agreement to use the Website. If you use the Website on behalf of an organisation, you warrant you are authorised to bind that organisation to these Terms.

5. Your account

Some parts of the Website require an account. You must provide accurate information, keep your login details secure, and not share your password or let anyone else use your account. You are responsible for all activity under your account, and any access using your password is treated as access by you. Tell us promptly if you suspect unauthorised use.

6. Acceptable use and prohibited conduct

You agree to use the Website lawfully and only for its intended purposes. You must not use the Website or its content:

• for any unlawful or unauthorised purpose, or to solicit others to take part in unlawful acts;
• to breach any law, regulation or rule in any applicable jurisdiction, including copyright and other intellectual-property laws;
• to infringe our intellectual-property rights or those of others;
• to harass, abuse, defame, threaten, intimidate or discriminate against anyone, including on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
• to submit false or misleading information, impersonate any person, or misrepresent your affiliation with anyone;
• to upload or transmit viruses or any other malicious code;
• to collect or track others’ personal information, or to spam, phish, pharm, spider, crawl or scrape;
• for any obscene or immoral purpose; or
• to interfere with, disrupt or circumvent the security or operation of the Website, its networks, or the internet.

We may terminate or suspend your access for any breach, or suspected breach, of this section.

7. Purchases, pricing and availability

Prices for our products and Programs are as shown at the time of purchase and are subject to change without notice. Products, Programs and features may have limited availability, and we may modify or discontinue any of them (or any part of the Website or services) at any time without notice. To the extent permitted by law, we are not liable to you or any third party for any modification, price change, suspension or discontinuance. We may also limit the sales of our products or Programs to any person, geographic region or jurisdiction, and limit quantities, at our discretion. Refund and cancellation terms for a Program are set out in the Program Terms.

8. Orders, billing and account information

We may refuse, limit or cancel any order at our discretion, including where we reasonably suspect an order has been placed by a dealer, reseller or distributor, or where quantities need to be limited per person, household, account, card or order. You agree to provide current, complete and accurate purchase and account information, and to keep it up to date (including your email, phone and payment details), so we can process your transactions and contact you. If we change or cancel an order, we may notify you using the contact details you provided.

9. Errors, inaccuracies and corrections

Occasionally information on the Website may contain typographical errors, inaccuracies or omissions relating to product or Program descriptions, pricing, promotions, offers, shipping charges or availability. To the extent permitted by law, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information is inaccurate - including after you have submitted an order. We have no obligation to update or clarify information except as required by law.

10. Intellectual property

Unless otherwise indicated, all content on the Website - including text, graphics, logos, icons, images, video, audio, recipes, exercise and nutrition plans, course materials, software and their selection and arrangement - is owned or licensed by us and protected by intellectual-property laws. We grant you a personal, limited, revocable, non-exclusive, non-transferable licence to access and use the Website and its content for your own personal, non-commercial use only.

You must not, without our prior written consent: publish or post our content (such as recipes or exercise programs) on any other website (excluding your own personal social-media pages); use our names, logos or trade marks, or the phrases “Dee Zibara”, “The PCOS Project”, “Fertility Magic”, “FlowFit”, “Full Body Reset”, "Hormone Magic", (or anything substantially identical or deceptively similar) to market or endorse any goods or services; register or maintain any page or site that misrepresents an affiliation with, or endorsement by, us; or systematically download or scrape our content. All rights not expressly granted are reserved.

We may monitor your use of the Website to check for breaches (for example the frequency and nature of downloads, and access times and IP addresses), and may suspend, limit or terminate your access if we reasonably suspect a breach.

11. Your content, feedback and submissions

If the Website lets you post content (for example in a community or forum), you remain responsible for what you post and warrant you have the rights to post it and that it will not infringe anyone’s rights or be unlawful, defamatory, abusive, obscene or harmful. You grant us a non-exclusive, royalty-free, worldwide licence to use, store, reproduce, adapt and display that content to operate and promote the Website and our Programs. We may (but need not) monitor, edit or remove content we consider objectionable or in breach of these Terms.

If you send us ideas, suggestions, proposals or other feedback (“Submissions”), whether or not at our request, you agree that we may use them without restriction, and we are under no obligation to keep them confidential, to pay for them, or to respond.

If you take part in challenges or community features, you consent to us displaying your content, results or profile as part of that feature.

12. Information is general only - not medical advice

The Website provides general health, fitness, nutrition and wellness information and education. It is not medical advice and is not intended to diagnose, treat, cure or prevent any condition, or to replace advice from a qualified health professional. You should consult your doctor or an appropriate professional before acting on anything on the Website, and always for questions about a medical condition or medication. Any reliance on Website content is at your own risk.

Nutritional information is general only and is drawn from third-party sources (which may contain errors or vary between foods and brands); you should evaluate its suitability for you and seek expert advice where needed. We make no guarantee of any particular result - results vary by individual, and testimonials are illustrative only, not a promise of outcomes. Where a Program involves exercise, products or specific health guidance, the full health warnings, risk acknowledgements, results disclaimers and refund terms are set out in the Program Terms.

13. Third-party links, content and tools

The Website may contain links to, content from, or optional tools provided by third parties that we do not control. We provide these for convenience only, “as is” and without warranty or endorsement, and we are not responsible for their availability, accuracy, content, practices, or any loss arising from your use of them or any transaction with them. Your use of third-party sites and tools is at your own risk and subject to their terms; direct any complaints about third-party products to that third party.

14. Availability and “as is”

We do not promise that the Website will always be available, uninterrupted, timely, secure or error-free, or that content or files will be free of viruses, or that results obtained from using the Website will be accurate or reliable. To the extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis, and we exclude all implied warranties and conditions (including merchantability, fitness for a particular purpose, title and non-infringement).

15. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded. Subject to that, to the maximum extent permitted by law:

• we (and our directors, officers, employees, contractors, agents, suppliers and service providers) are not liable for any indirect, special, incidental, punitive or consequential loss, or for loss of profits, revenue, savings, data, goodwill or opportunity, arising from your use of (or inability to use) the Website or any product or service obtained through it, whether in contract, tort (including negligence), statute or otherwise, even if we were advised of the possibility; and
• where our liability can be limited but not excluded, it is limited, at our option, to re-supplying the relevant services (or paying the cost of re-supply) or, for goods, replacing or repairing them (or paying the equivalent cost).

16. Indemnity

To the extent permitted by law, you agree to reimburse and indemnify us (and our staff, contractors, agents and service providers) against third-party claims, losses, damages and reasonable costs (including reasonable legal fees) arising from your breach of these Terms or the documents they incorporate, your misuse of the Website, or your violation of any law or the rights of a third party, except to the extent caused by us.

17. Privacy and security

We handle your personal information - including any sensitive health information - in accordance with our Privacy Policy. No transmission over the internet is completely secure; you send information to us at your own risk, and you are responsible for keeping your account credentials secure.

18. Refusal of registration, suspension and termination

We may, at our discretion, refuse registration to anyone; where we do, we will refund any payment made by that person. We may also suspend, limit or terminate your account or access (in whole or in part), without refund where you are in breach, if for example your payments are overdue, you provided false or inaccurate information, you breach these Terms, you behave in a threatening, abusive or harassing way toward our staff or other users, or we reasonably consider you have brought (or may bring) our reputation into disrepute. Terms intended to survive termination (including intellectual property, disclaimers, limitation of liability and indemnity) continue to apply.

19. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. If a dispute arises, the parties will first try to resolve it by good-faith negotiation, and may agree to mediation, before starting court proceedings. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and courts hearing appeals from them.

20. Notices

We may give you notices by email to the address linked to your account or by posting on the Website. You can contact us using the details in section 22.

21. General

If any provision of these Terms is unenforceable, it may be severed without affecting the rest, and the remainder continues to apply to the fullest extent permitted by law. These Terms (with the Privacy Policy and, for Programs, the Program Terms) are the entire agreement about your use of the Website and supersede any prior agreements or versions. A delay or failure to enforce our rights is not a waiver of them. You may not assign your rights without our consent; we may assign ours. Neither party is liable for failure caused by events beyond its reasonable control. Headings are for convenience only.

22. Contact us

Rhubarb Group Pty Ltd
1/39 Leighton Place, Hornsby NSW 2077, Australia
Email: [email protected]