Please read the following Terms carefully before continuing to use the Website:
About the Website
The Website (the ‘Website’) is known as nodietbabe.com. The Website provides Online Products and Programs (the ‘Services’) related to wellness and wellbeing.
The Website is operated by Barbara Orban Wellness. Access to and use of the Website, or any of its associated Products or Services, is provided by Barbara Orban Wellness. Please read these terms and conditions (the ‘Terms’) carefully. By using the services provided on the Website, browsing and/or reading the Website, you agree to be bound by the Terms herein. If you do not agree with the Terms, you agree to cease usage of the Website and any of Services provided within and/or by the Website, immediately.
Barbara Orban Wellness reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Barbara Orban Wellness updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website and using it’s products. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Barbara Orban Wellness in the user interface.
Restrictions on Use
Registration to use the Services
In order to access the Services of a paid or free program, you may be required to register for an account through the Website (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) your full name
(b) an email address
(c) a mailing address
(d) a password
You warrant that any information you give to Barbara Orban Wellness in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Barbara Orban Wellness; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services; or
(c) you are a competitor. You are prohibited from registering as a Member of this Website, including using the information contained within, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Website at our sole discretion.
Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Barbara Orban Wellness of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Barbara Orban Wellness providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Barbara Orban Wellness;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Barbara Orban Wellness for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Where Barbara Orban Wellness has provided you with lifetime access to paid or free Services, access is dependant upon your agreement to and complying with the Terms. No Diet Babe Academy does not provide lifetime access to THE LIVE MASTERCLASSES which will only remain available for viewing and download for the duration of the six (6) week period of the round of the Program for which you became a Member. After that time, the Live Masterclasses will be removed from the Membership site and no longer available to you.
Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of:
(a) Credit Card Payment (‘Credit Card’) and/or PayPal
All payments made in the course of your use of the Services are encrypted via the secure checkout. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on the website of your chosen and/or provided method of payment.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
Continued access to the Service requires payment for the Service is paid in full or if you enter into a payment plan for the Services Fee you are responsible for ensuring that the subsequent payments are processed successfully. If your credit card is declined Barbara Orban Wellness will notify you via email of the payment default and attempt to process the payment within 3 (three) calendar days. If the outstanding payment remains overdue then your access to the Service, the related website and all programs contained within may be suspended or cancelled. If more than one Service is provided on a single website, payment for all Services must be processed successfully for continued access to the website. If you miss or skip any payment relating to the Services, access to the website and all Services contained within will be suspended until further payments are received.
eBooks and instantly downloadable Courses, Products and Services on this Website are non-refundable unless otherwise specified. Barbara Orban Wellness will only provide you with a refund of the Services Fee for products or programs that offer refunds where specified and such if the refund request is made with completion of the homework as specified within 7 (seven) days of Barbara Orban Wellness officially commencing the program or in the event that Barbara Orban Wellness is unable to provide the Services as detailed or if the manager makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’). A refund request must be made in writing via the Connect Page on this website. You will be notified about the outcome of your refund request within 7 (seven) days. Refunds will not be issued on payment defaults or where you have cancelled payment without prior written consent from Barbara Orban Wellness.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Barbara Orban Wellness are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Barbara Orban Wellness or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Barbara Orban or Barbara Orban Wellness, who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Barbara Orban Wellness does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Barbara Orban Wellness.
Barbara Orban Wellness retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Barbara Orban Wellness and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Barbara Orban Wellness will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Barbara Orban Wellness make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of No Diet Babe online courses) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Barbara Orban Wellness; and
(d) the Services or operation in respect to links which are provided for your convenience.
Barbara Orban (Director of Barbara Orban Wellness) is a Certified Health and Nutrition Coach and Certified Personal Trainer. Qualified with Cadence Health Australia and Australian Institute of Personal Trainers. Barbara Orban is not a medical doctor, psychologist, dietician, nor nutritionist. Barbara Orban does not hold a degree in medicine, psychology, dietetics, or nutrition. Barbara Orban makes no claims to any specialised medical training, nor does she or Barbara Orban Wellness dispense medical advice or prescriptions. The content on this Website is not intended to diagnose or treat any diseases. It is intended to be provided for informational, educational, and self-empowerment purposes only. Please consult with your doctor or qualified wellness practitioner if you have any questions regarding the information on this Website, and then make your own well-informed decisions based upon what is best for your unique genetics, culture, conditions, and stage of life.
Limitation of liability
Barbara Orban Wellness’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Barbara Orban Wellness, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Barbara Orban Wellness as set out below.
If you want to terminate the Terms, you may do so by:
(a) providing Barbara Orban Wellness with the notice of your intention to terminate in accordance with the Service Refund Policy; and
(b) closing your accounts for all of the services which you use, where Barbara Orban Wellness has made this option available to you. Your notice should be sent, in writing, to Barbara Orban Wellness via the ‘Connect‘ link on our homepage.
Barbara Orban Wellness may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Barbara Orban Wellness is required to do so by law;
(c) the provision of the Services to you by Barbara Orban Wellness, in the opinion of Barbara Orban Wellness, no longer commercially viable.
Subject to local applicable laws, Barbara Orban Wellness reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Barbara Orban Wellnesses’s name or reputation or violates the rights of those of another party.
You agree to indemnify Barbara Orban Wellness, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 (fourteen) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 (fourteen) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 1 (one) month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services and Website may be accessed throughout Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Barbara Orban Wellness is a business registered in Australia with the ABN: 143 879 467