Terms & Conditions

  1. These are the terms on which Zing Wellbeing Pty Limited permits users (referred to as you or your) to: 
  2. access and use the Zing Wellbeing website (the Website) including using the services and functionality made available through the Website; 
  3. view and interact with any content, information, communications, advice, text or other material provided by Zing Wellbeing (including, but not limited to, our blogs, recipes, eBooks and programs) or any User Content;
  4. purchase products on the Website, including subscriptions and memberships and
  5. upload User Content to the Website and communicate with Zing Wellbeing
  6. If a word or phrase is capitalised in these Terms, it has the meaning provided where it is shown in bold in these Terms.   Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.  These terms are the entire agreement between us in relation to their subject matter.
  7. You agree to be bound by these Terms when you use, browse or access any part of the Website.
  8. Zing Wellbeing may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Subject to clause 1.5, your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
  9. If you have a subscription or membership, the Terms applicable when you purchased your subscription or membership will apply until you agree to any changes, or you renew your subscription or membership. 

Changes to products, services and pricing

  1. We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).  Our current prices, products and services are as set out on the Website.
  2. All updates and modifications to the Website including any changes to the Zing Wellbeing Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.

Registration of Accounts 

  1. Although you may browse the Website without creating an account or providing your details, certain features and functionalities of the Website  can only be accessed by the creation of an account (Account), which in turn requires you to provide all of the information requested, including by entering an Account password (Password), at registration. 
  2. You warrant that all information and data provided by you in the registration of your Account is accurate, complete and up to date. You will promptly inform Zing Wellbeing if there is any change to this information or data.
  3. You may elect to change the Password at any time using the facility provided on the Website. 
  4. You will be fully responsible for all acts and omissions of any person using your Password and Account, as if they were your own acts and omissions. You agree that you will not share, disclose, or permit disclosure of, your Password, let anyone else access your Account or do anything that would risk the security of your Account.  Zing Wellbeing will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of your Password and Account, and you will indemnify Zing Wellbeing against all loss, damage, claims, costs or demands in this regard.
  5. You agree that if we disable or terminate your Account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
  6. We reserve the right to refuse registration of any Account, at our sole discretion. 

Zing Wellbeing Content 

  1. Zing Wellbeing Content on the Website is for general information and promotional purposes only. Zing Wellbeing does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any reliance or use of any information provided by or contained in the Website, Zing Wellbeing Content or services made available through the Website is solely at your own risk.
  2. Zing Wellbeing on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Zing Wellbeing Content on the Website is not an endorsement of any organisation, product, service or advice. 
  3. All intellectual property rights, including copyright, in the Website and Zing Wellbeing are owned or licensed by Zing Wellbeing or any of its related entities. You must not copy, modify or transmit any part of the Website or Zing Wellbeing Content. 
  4. The Website may contain trade marks, logos and trade names of Zing Wellbeing or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website. 
  5. Zing Wellbeing grants you a non-exclusive and non-transferable licence to use the Website for your own personal use, subject to the restrictions specified elsewhere in these Terms. It is not to be otherwise used for commercial exploitation. 
  6. If you have a complaint regarding any Zing Wellbeing Content or User Content, Zing Wellbeing‘s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Zing Wellbeing Content or User Content.

 Links and advertisements

  1. The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for and will not be liable in respect of their content or accuracy (including websites linked through advertisements). Zing Wellbeing provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
  2. Facebook, Twitter, Instagram, YouTube and other third party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. Zing Wellbeing is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Zing Wellbeing is not responsible for and will not be liable in respect of any incorrect link to an external website.

Privacy 

  1. Any personal information or personal data submitted by you (whether of you or another person from who you have the necessary consents to provide that personal information as contemplated in clause 6.2) to Zing Wellbeing will be used for the purposes contemplated by these Terms, including but not limited to:
  2. processing your payments for purchasing any products;
  3. providing you with goods and services you have purchased; 
  4. communicating with you, including via email, regarding your Order, your Account or Purchases, or regarding other interactions you have with us via the Website; and
  5. providing direct marketing communications to you when you sign up to receive email and opt-in for sms updates from Zing Wellbeing
  6. If you are submitting to the Website, the personal information or personal data of any other person, you warrant that the person is aware of and has consented to the use of their personal information or personal data in accordance with these Terms. 
  7. You agree that, by submitting your payment and confirming your Order via the Website, you have read and understand these Terms and consent to these requirements.

Disclaimer

  1. We have used our best endeavours to ensure all information, graphics, audio and video and other items appearing on the Website are correct and up-to-date at the time of publication. Zing Wellbeing does not represent or warrant the accuracy or completeness of the Content and is not responsible for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.

  2. All content and media on Zing Wellbeing Website is created and published online for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition.

Indemnity 

You will fully indemnify and hold harmless Zing Wellbeing in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  1. any breach of these Terms by you; 
  2. your use of the Website or Zing Wellbeing Content; 
  3. User Content you post on the Website;
  4. any third party use of the Website through your Account (whether authorised or not);
  5. your communications with Zing Wellbeing; or
  6. your use of third party websites linked to the Website.

Warranties, consumer guarantees and limitation of liability 

  1. Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. 
  2. Zing Wellbeing will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, Zing Wellbeing, all links to or from the Website or the goods and services advertised or referred to on the Website.
  3. The maximum aggregate liability of Zing Wellbeing for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
  4. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement. 
  5. To the fullest extent permitted by law, the liability of Zing Wellbeing for a breach of a non-excludable guarantee referred to in clause 9.4 is limited, at Zing Wellbeing’s option, to:
    1. in the case of goods supplied or offered by us, any one or more of the following:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of the goods;
      3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; or
    2. in the case of services supplied or offered by us:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.

No provision of medical advice

  1. The Website, Zing Wellbeing Content and services made available through the Website are designed for educational purposes only. This information is not a substitute or replacement for professional medical advice, diagnosis or treatment, and you should not rely on this information as such. You should always consult a professional if you have any concerns or questions about your pets health, and you should not disregard, avoid or delay obtaining medical or health-related advice from your vet because of something you may have read on the Website. 
  2. Nothing contained in the Website, Zing Wellbeing Content or services made available through the Website is intended to be, and must not be taken to be, the practice of medical care. 
  3. Whilst advancements and developments in medical research may affect the health and nutritional information contained in the Website, Zing Wellbeing Content, products or services made available through the Website, we do not guarantee that such information will always include the latest or most recent findings or developments.    
  4. Your access or use of the Website, Zing Wellbeing Content or services made available through the Website does not in any way create between you and Zing Wellbeing, a confidential or privileged relationship, a relationship of practitioner and patient, or any other relationship that would give rise to any duties on our part. 
  5. Zing Wellbeing always recommends consulting with your health care professional before changing your diet. 

Access and communication

  1. Subject to clause 9.4, Zing Wellbeing does not warrant that you will have continuous access to the Website. 
  2. Zing Wellbeing will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
  3. Zing Wellbeing does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties. 
  4. Whilst Zing Wellbeing takes reasonable precautions to protect information transmitted via the Website, Zing Wellbeing cannot and does not guarantee the security or confidentiality of these communications or the security of the Website. 
  5. Zing Wellbeing does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Subscriptions and Memberships

Zing Wellbeing Memberships and Subscriptions 

  1. Cancellation policy

The following cancellation policy applies to subscriptions and memberships 

  1. while you may cancel your subscription or membership at any time, you will not receive a refund of your payment;
  2. your access to your subscription or membership will run until your existing paid term expires, at which point your access will be terminated; and
  3. cancellations to subscriptions and memberships can be made up to 2 business days prior to the expiry of your current subscription or membership period, after which time Zing Wellbeing cannot ensure its systems will process the cancellation in time to prevent a further payment being taken. 

Membership

  1. The Website will set out other types of memberships which are available from time to time (Memberships). Each Membership will have the benefits and will continue for the term as set out on the Website. This clause 17.4 shall apply to such Memberships. 
  2. Payment options for Memberships will be as set out on the Website, and are to be made in accordance with the terms set out in clause 18..

Health Coaching

The information provided through our health coaching services is intended for general guidance and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or health objectives.

While we strive to provide accurate and up-to-date information, we make no guarantees or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the health coaching services or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Health coaching involves discussing personal health, nutrition, and lifestyle choices, which can be sensitive topics. It is your responsibility to ensure that any advice or recommendations provided are appropriate to your specific health conditions and circumstances. Participation in our health coaching services is voluntary, and you assume full responsibility for any results or outcomes arising from your participation.

We are not a licensed healthcare platform, and the health coaching services provided do not constitute medical care or healthcare treatment. If you have any health concerns or conditions that require medical attention, please consult with a licensed healthcare provider.

By engaging with our health coaching services, you acknowledge and agree to the terms of this disclaimer and understand that the information provided is for educational purposes only. You also agree to hold us liable for any adverse effects or consequences resulting from the use or misuse of the information provided.