Terms & Conditions / EULA
Welcome to www.onelifeclub.com. The Website is owned and operated by One Life Club Pty Ltd (“OLC“, “Company” “us” or “we“). These terms also include as well as any and all websites used by us for onelifeclub.com.
Please read these terms of use and EULA carefully before using the Site. By using the Site, you signify your agreement to these Terms and Conditions (“Terms of Use”). If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use prevail.
EULA
END USER LICENSE AGREEMENT (EULA)
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE ONE LIFE CLUB APPLICATION.
This End User License Agreement (“Agreement”) is a legal agreement between you (“User,” “you,” or “your”) and One Life Club Pty Ltd (“Company,” “we,” “us,” or “our”) for the use of the One Life Club application (“App”). By installing, accessing, or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install, access, or use the App.
- License Grant
Subject to your compliance with the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use. This license does not grant you any ownership rights in the App.
- Subscription Services
If the App offers subscription services (“Subscription”), you agree to the following terms:
2.1. Subscription Period: The Subscription period will be as specified during the subscription purchase process.
2.2. Billing and Payments: You agree to pay all subscription fees associated with your chosen Subscription plan. Subscription fees are billed in advance and are non-refundable except as expressly provided in our Refund Policy.
2.3. Automatic Renewal: Unless you cancel your Subscription before the end of the current subscription period, your Subscription will automatically renew for another subscription period, and you authorize us to charge the applicable Subscription fee using the payment method on file.
2.4. Cancellation: You may cancel your Subscription at any time through the App’s settings or by contacting our support team. The cancellation will take effect at the end of the current subscription period.
2.5. Changes to Subscription: Company reserves the right to modify, suspend, or terminate Subscription offerings, including pricing and features, at its discretion.
- User Obligations
3.1. Use Restrictions: You agree not to (a) reverse engineer, decompile, or disassemble the App; (b) distribute, sublicense, or assign the App; © use the App for any illegal or unauthorized purpose; (d) interfere with or disrupt the integrity or performance of the App; (e) attempt to gain unauthorized access to any portion of the App or its related systems.
3.2. User Content: Any content you submit through the App, including but not limited to comments, feedback, or suggestions, shall be considered non-confidential and non-proprietary. Company reserves the right to use, modify, and distribute such content for any purpose.
- Intellectual Property
All intellectual property rights in the App, including but not limited to copyrights, trademarks, and patents, are owned by Company or its licensors. You agree not to use, reproduce, or distribute any part of the App without prior written permission from One Life Club Pty Ltd.
- Disclaimer of Warranty
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to its conflicts of law principles.
- Changes to Agreement
Company reserves the right to update or modify this Agreement at any time without prior notice. By continuing to use the App after such modifications, you agree to be bound by the revised terms.
- Contact Information
For any questions about this Agreement, please contact us at [email protected]
Privacy and Your Account
Please review our Privacy Policy, which also governs your visit to the Site, to understand our privacy practices. By using the Site, you signify your agreement to our Privacy Policy. We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Consideration
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site and data, materials and information available at or through the Site.
Restrictions on Use - Limited License
All content contained on the Site (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Site is our exclusive property, protected by Australian and international copyright laws, treaties and conventions. All software used on the Site is our property or the property of our software suppliers and protected by Australian and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Site are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in a manner that disparages or discredits us or anyone else or in any manner whatsoever. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Site. No Content of the Site or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, non-commercial, home use only, provided that you:
(a) keep intact all copyright, trademark and other proprietary rights notices;
(b) do not modify any of the Content;
© do not use any Content in a manner that suggests an association with any of our products, services or brands; and
(d) do not download Content so as to avoid future downloads from the Site. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Site or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Site or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
We reserve the right to terminate a One Life Club member in our sole discretion. Please note that your membership will be terminated in the event of a breach.
Use and Protection of Password and ID
OLC will assign a password and account ID to you so you can access and use certain areas of the Site. Each member who uses such assigned password and ID shall be deemed to be authorised by you to access and use the Site, and OLC shall have no obligation to investigate the authorisation or source of any such access or use. You acknowledge and agree that as between you and OLC , you will be solely responsible for all access to and use of the Site by anyone using the password and ID assigned to you whether or not such access of the Site is actually authorised by you, including all communications and transmissions and all obligations ( including financial obligations for purchases through the Site) that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify OLC of any unauthorised use of the assigned password or ID, or any other breach or threatened breach of the Site’s security of which you are aware, by email to [email protected]. You will be responsible for any activity conducted under your assigned password or ID.
Please note that in the event that the above results in a breach of the Terms of Use in any manner whatsoever your membership will be terminated.
System Requirements
Use of the certain areas of the Site requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). OLC may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Site and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Site. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Site may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to OLC.
Submissions
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, racist, include hate speech of any kind, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content in our sole discretion. In the event of a serious breach of this condition your membership will be terminated, in our sole discretion. For the protection of our One Life Club community infringements of this condition will be treated with absolute priority.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighbouring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Site, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
Content Linked to the Site
You should be aware that when you visit the Site, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Site, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
Membership
Your OLC membership fee is for a 12 month period and is paid monthly over 12 months.
All One Life Club memberships renew automatically and annually. You agree to automatic renewal of your One Life Club membership on joining OLC.
If you do not wish to renew your membership you must notify us by email only, at [email protected], no later than 60 days prior to the expiration of your 12 month subscription. If you fail to do so, your membership will renew automatically and you will continue to enjoy the benefits of your OLC membership.
A request for a refund of any kind may be granted solely at the direction of the OLC.
Disclaimer of Warranties
The content on the Site is provided “as is” and without warranty of any kind, expressed or implied. to the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. we make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that links to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
All content on this Site is information of a general nature and does not address the circumstances of any particular individual or entity. The OLC, their officers and affiliates are not licensed financial planners. The Site and content is for informational purposes only, you should not construe any such information, content or other material as legal, tax investment, financial or other advice. Nothing on Site constitutes professional and/or financial advice, solicitation, recommendation, endorsement or offer by the OLC, their officers or any third party service provider in any manner whatsoever.
The Site and products/services contained thereon are not substitutes for the advice and treatment of a licensed professional. Not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional, financial, legal or medical advice, you should consult with an appropriately trained and qualified specialist, such as a solicitor, accountant, financial planner, psychologist, physician or other professional. Never disregard the advice of a professional, or delay in seeking such advice, because of the information offered or provided within or through the Site.
Because any weight loss or health modification plan can result in serious injury, OLC urges you to obtain a physical examination from a doctor before using any weight loss products or services. You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily purchasing products or services, participating in recommended activities, and using this website and assume all risks of injury, illness, or death.
You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
Indemnification
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorised users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “indemnified parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the indemnified parties arising out of, in connection with or related to any breach or alleged breach by you of these terms of use. you shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of the settlement and disposition of any claim that is subject to indemnification by you.
Limitation of Liability
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from:
(a) the use of, or any inability to use, the Site or any content or functions thereof; or
(b) any act or omission, online or offline, of any user of the Site or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the Site or $100.00.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for:
(a) any incompatibility between the website and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the Site.
The limitations, exclusions and disclaimers herein and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.
Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations or disclaimers may not apply to you.
Copyright Complaints
We respect the intellectual property rights of others. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please outline the details of your complaint by email to [email protected] as outlined below.
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the Website
Your address, telephone number, and e-mail address
A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf
The OLC’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
One Life Club Pty Ltd
Suite 6,37A Archer Street, Toowong, QLD
Email:Â [email protected]
Amendment
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Site following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
Applicable Law and Disputes
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the Australia and Internationals without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within Australia.
Electronic Communications
When you visit the Site, send e-mails to us, communicate with us in any way, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Miscellaneous Legal Provisions
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or features of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Site and all services provided by the OLC and supersedes any prior or contemporaneous agreement regarding that subject matter.