PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern levelupwithkatieb.com’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to levelupwithkatieb.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

NO MEDICAL OR PERSONAL ADVICE

The information and any products and services we provide on and through this website is for general information purposes and is not a substitute for any professional or medical attention, treatment, examination, advice or diagnosis. It is not intended to provide a clinical diagnosis nor take the place of proper medical advice from a fully qualified medical practitioner. You are responsible for consulting a medical professional before using any of the information or materials contained on or accessed through our website, before commencing any new regimes, trying any treatment, technique or taking any course of action that may directly or indirectly affect your health or well being. 

You agree that some of our Services may involve health or other personal and well-being management discussions. The Services and information should not replace discussions with qualified suitable healthcare professionals where relevant to your condition and should not be used to diagnose or replace any professional treatment or management of any particular existing condition. All decisions about any treatment and management of any condition must be made with a relevant healthcare professional and you agree and acknowledge that any reliance on any information, discussions or recommendations that may arise during the sessions, is done at your own risk. In engaging our Services, you agree you are at all times responsible for your own physical health and emotional well-being and that of any underage minor for whom you act as a guardian. We recommend that any pre-existing medical or health condition be treated by a suitable medical professional and that any information provided by the Services is not to be relied on in substitution. 

‘Services’ includes any online materials, consulting, coaching, programs, sessions, products and all goods and services that may be accessed on or through our website from time to time.

You take full responsibility and risk for making any decision based on information on our website or in using our Services. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information contained on this website and all such liabilities are expressly disclaimed.

REFUNDS

We try to ensure our Services are provided with due care and skill, and at all times abide by the Australian Consumer Protection legislation with respect to all refunds. 

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), levelupwithkatieb.com’s liability for any breach of a term of these terms is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

It is an essential pre-condition to you using our website that you agree and accept that we are not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You must be over 18 years of age to use this website and to engage or use any of our services or otherwise have permission from a parent or guardian.

LINKS TO OTHER WEBSITES

Levelupwithkatieb.com may from time to time provide on the website, links to other websites, advertisements, recipes, wellness, diet and general information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between levelupwithkatieb.com and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

GENERAL 

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. We give no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At levelupwithkatieb.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email to [email protected]. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

Disclose Your Information

We may be required, in certain circumstances, to disclose information in good faith and where levelupwithkatieb.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of levelupwithkatieb.com. We expressly exclude and do not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and levelupwithkatieb.com concerning your use and access to our website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and our rights and obligations to each other.

JURISDICTION

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and levelupwithkatieb.com that results in litigation then you must submit to the exclusive jurisdiction of the courts of Western Australia. 

YOUR PRIVACY

At levelupwithkatieb.com, we are committed to protecting the privacy of our online visitors, users of our website and services and any personal information of any third parties that we may be provided with from time to time. 

Levelupwithkatieb.com respects the privacy and confidentiality of the information provided and adheres to the Australian National Privacy Principles.

You may change your details at any time by advising us in writing via email. All personal information we receive is protected by our secure server. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

COLLECTION OF CLIENT INFORMATION

In order to provide you with our services, we require the collection of personal information of clients which may include sensitive personal information. This may consist of name, address, contact details, date of birth, health, medical, injury or illness, work history and other personal information (“Personal data”). 

For all Personal Data we collect during provision of our Services and handling of Personal Data, we are committed to full compliance with all National Privacy Principles requirements. We ensure that our clients and anyone we pass the Personal Data onto, in order to provide our services is under a similar duty of compliance in accordance with the Privacy law.

OTHER PERSONAL INFORMATION WE COLLECT

We also may collect Personal Data about you in order to be able to provide you with our services. We may collect your name, address, professional and other information as necessary to provide our services. 

STORAGE AND SECURITY OF YOUR INFORMATION

We receive and store Personal Data and any personal information you enter on our website, provide physically or give us in any other way from time to time in a secure manner. We are committed to the protection of Personal Data and use all reasonable measures to ensure all Personal Data is kept secure at all times. 

We ensure all physical and electronically held Personal Data is kept in a secure manner that is only accessible to persons who are authorized and who have agreed to the same or similar duty as prescribed by the Australian National Privacy Principles.

Destruction of all Personal Data is done in a secure manner to ensure deletion and de-identification of information. We regularly review and delete or destroy Personal Data that is no longer required, out of date or as otherwise required by law or regulation.

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers including the specialist medical experts who assist us in providing the information and/or services we are providing to you. To the extent that we do share your or a patient’s Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. 

Any non-personal information, communications and material you send to this website, to us by email, provide physically or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing, marketing products or to improve our services.

DISCLOSURE OF PERSONAL INFORMATION

In order to provide the services, we need to disclose Personal Data and information to the specialist medical professionals who will be making an assessment and report. We may, from time to time, be required to provide your Personal Data to a patient’s own healthcare provider or insurer. They are under the same duty of confidentiality as we are and are bound by the National Privacy Principles.

We may be required to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data where required, to protect the rights, property or safety of levelupwithkatieb.com, its employees, customers, or third parties.

We would only disclose your information in good faith and where required by any of the above circumstances.

THIRD PARTIES

We do not and will not sell or deal in Personal Data or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased. 

We may however use your information in a general sense, without any reference to your name, to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

SECURITY

We strive to ensure the security, integrity and privacy of personal information submitted to our website is maintained and we periodically update our security measures in light of current technologies.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook adverts. These ads may appear on this website or other websites you visit.

LINKS

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

ACCESS TO, CHANGES, QUESTIONS AND COMPLAINTS REGARDING YOUR PERSONAL DATA

If you want to know what Personal Data we hold about you or make any changes to your details, please write to us at: [email protected] 

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at [email protected] and we will respond within 48 hours.

Website Disclaimer 

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. 

The material on this site is for general information purposes only. Whilst we have exercised due care in ensuring the accuracy of the material contained on this website, the information is not specific nor does it take into account your personal circumstances. 

Nothing contained in this site is intended to be used or treated as advice. It is not medical or professional advice and it is not intended to be used to diagnose, treat, cure or prevent any disease, condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice. 

Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information, products or services are appropriate for your intended use and you should not use this information or our products to diagnose or treat any health problem, disease or condition without consulting a qualified healthcare professional. Before relying on any information or material or using any products, you should obtain your own professional advice to ensure it is relevant to and appropriate for your particular circumstances. We urge you to contact us directly if you have any questions or require assistance.

Whilst we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. 

In no event do we accept liability for any loss, injury, damage, including but not limited to indirect or consequential loss or damage, death or illness, that may result of any use or reliance on the information provided on or use of this website.

Copyright notice

This website and its contents are the copyright of Katie Bateman - © Levelupwithkatieb.com 2021 All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

TESTIMONIALS

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or Level Up with Katie B. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by Level Up with Katie B.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent our programs and the educational value they provide. However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running an online business carries risks, and your use of any information contained on this website is at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

NO WARRANTIES

WE MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. WE FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE LEVELUP WITH KATIE B OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

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