TERMS AND CONDITION

Last Updated - May 2026

Section 1 - Introduction and acceptance of terms

1.1   About this document

These Terms and Conditions ("Terms") govern your access to and use of the Be Well Vitality website, located at bewellvitality.com (the "Website"), and all associated content, services, programs, digital products, and communications provided by Be Well Vitality.

By accessing or using the Website in any way, including browsing content, downloading free resources, subscribing to the newsletter, booking a call, or enrolling in a program, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website or any associated services.

1.2 Who we are

Be Well Vitality is operated by Valerie Perret, trading as Bien-Etre (ABN : 52212563590). Valerie Perret is a wellness facilitator, nutrition coach, and yoga teacher. Be Well Vitality provides health and wellness coaching, educational content, and lifestyle programs. Be Well Vitality is not a medical practice, and Valerie Perret is not a registered medical practitioner. (See Section 2 — Health and Medical Disclaimer for full details.)

1.3 Acceptance of terms

Your use of the Website constitutes your acceptance of these Terms in full. These Terms apply to all visitors to the Website, whether or not they register or make a purchase; subscribers to the Midlife Insights newsletter or any other email communications; recipients of free downloadable resources; participants in free webinars, live sessions, or discovery calls; enrolled participants in the Fasting Lifestyle System or any other paid program or sessions; anyone who contacts Be Well Vitality via the Website, email, or any associated platform.

If you are using the Website on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

1.4 Age requirement

The Website and services are intended for adults aged 18 years and over. By using the Website, you confirm that you are at least 18 years of age. Be Well Vitality does not knowingly collect personal information from anyone under the age of 18. If you believe a minor has provided personal information through the Website, please contact us at [email protected] so we can take appropriate action.

1.5 International users

Be Well Vitality operates primarily from Queensland, Australia, and consults with clients globally, including in English and French. These Terms are governed by the laws of Queensland, Australia. By accessing the Website from outside Australia, you acknowledge that you are responsible for compliance with your local laws; Australian Consumer Law and Queensland courts govern any disputes arising from your use of the Website or services; where you are located in the European Union or United Kingdom, additional rights may apply to you under the General Data Protection Regulation (GDPR) — these are addressed in Section 8 (Privacy Policy).

1.6 Changes to these terms

Be Well Vitality reserves the right to update, amend, or replace these Terms at any time. Where changes are material, we will endeavour to provide reasonable notice, for example, by posting a notice on the Website or sending an email to newsletter subscribers. The date of the most recent update is shown at the top of this document.

Your continued use of the Website after any changes have been posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should discontinue use of the Website and services.

1.7 How to contact us

If you have any questions about these Terms, wish to exercise any of your rights under applicable privacy legislation, or have a concern you would like to raise, please contact us at [email protected]; +61 (0) 488 042 021. We aim to respond to all enquiries within ten business days.

Section 2 - Health and medical disclaimer

2.1 Nature of services - coaching and education

Be Well Vitality provides wellness coaching, nutrition education, lifestyle guidance, and facilitated programs. All content published on this Website, including blog posts, downloadable guides, email communications, webinars, videos, and program materials is provided for general educational and informational purposes only.

The information and services provided by Be Well Vitality do not constitute, and are not a substitute for medical advice, diagnosis, or treatment; psychological or psychiatric advice, assessment, or treatment; dietetic advice from a registered dietitian; any other regulated health profession service under Australian law.

Valerie Perret is a qualified clinical nutritionist and yoga teacher and a certified fasting lifestyle coach and applied neuroscience and brain health. She is not registered medical practitioner or any other health professional regulated by the Australian Health Practitioner Regulation Agency (AHPRA) or equivalent international body.
Nothing communicating on this Website, in any program, email or coaching call should be interpreted as medical advice.

2.2 Consult your doctor

Before making any changes to your diet, fasting practice, exercise routine, supplement use, or lifestyle, consult a qualified medical practitioner who is familiar with your individual health history. This is especially important if you have a current or prior medical condition, including but not limited to diabetes, cardiovascular disease, eating disorders, thyroid conditions, or hormonal disorders; are taking prescription medication of any kind; are pregnant, breastfeeding, or attempting to conceive; have experienced or are currently experiencing significant mental health challenges; have recently undergone surgery or are recovering from illness or injury.

By enrolling in any Be Well Vitality program or using content from this Website, you confirm that you have consulted, or will consult, an appropriate medical professional before making significant changes to your health practices.

2.3 Individual results

Health and wellness outcomes are highly individual. Any results mentioned on this Website, including testimonials, case studies, or client stories reflect the personal experiences of specific individuals under specific circumstances. They are shared for illustrative purposes only and are not a guarantee, prediction, or promise of outcomes for any other person.

Factors including but not limited to age, medical history, hormonal profile, lifestyle, adherence, and individual biology all influence results. Be Well Vitality makes no representation that any particular outcome will be achieved by any particular client.

2.4 Emergency situations

The Website and Be Well Vitality services are not equipped to provide crisis support or emergency assistance. If you are experiencing a medical emergency, mental health crisis, or any situation that requires immediate attention, please contact emergency services immediately - Emergency (Australia): 000 - Lifeline (Australia): 13 11 14 - Beyond Blue: 1300 22 4636 - If outside Australia, please contact your local emergency services.

2.5 Accuracy of health information

While Be Well Vitality makes every reasonable effort to ensure that health information published on the Website is accurate and based on current evidence, the field of nutritional medicine and menopause research evolves continuously. Information that was accurate at the time of publication may be superseded by new findings.

Section 3 - Description of services

3.1 Overview

Be Well Vitality offers the following services and resources, each of which is subject to these Terms:

3.2 The Fasting Lifestyle System (paid program)

The Fasting Lifestyle System is a 12-week hybrid coaching program designed for executive women navigating perimenopause and menopause. The program is delivered online and currently includes short-form video content covering female physiology, nutrition, fasting, mindfulness and movement; bi-weekly one-to-one or group strategy coaching calls via video conference; worksheets, guides and practical tools to support implementation; access to the Be Well Vitality course platform for the duration of the program; direct access to Valerie Perret between calls via email or the platform's messaging function.

Be Well Vitality reserves the right to modify, update, or improve program content at any time. Where material changes are made to a program after enrolment, affected participants will be notified. Minor content updates, including corrections, additions, or improvements, do not constitute a material change.

3.3 Free discovery call

Be Well Vitality offers a complimentary 20-minute discovery call for prospective clients. This call is provided at no cost and without obligation. It is an opportunity to discuss your current health situation and explore whether the Fasting Lifestyle System or another service is an appropriate fit.

The discovery call does not constitute a coaching session, does not create a client relationship, and does not constitute medical advice. Availability of free discovery calls is at Be Well Vitality's discretion and may be limited from time to time.

3.4 Free downloadable resources

Be Well Vitality offers free downloadable guides in exchange for your name and email address. By downloading a free resource, you agree to be added to the Be Well Vitality mailing list and to receive the newsletter and related communications. You may unsubscribe at any time using the link provided in every email.

Free resources are provided for educational purposes only and are subject to the health disclaimer in Section 2 and the intellectual property provisions in Section 6.

3.5 Free webinars and live sessions

From time to time, Be Well Vitality hosts free online webinars, workshops and live sessions. Registration is required. By registering, you agree to receive follow-up communications related to the session and the Fasting Lifestyle System. You may unsubscribe from these communications at any time.

Be Well Vitality reserves the right to reschedule, cancel or modify any free session at any time. Where a session is cancelled, registered participants will be notified as promptly as practicable. No compensation is payable for the cancellation of a free session.

3.6 Newsletter

The Midlife Insights newsletter is a free weekly email publication providing educational content on nutrition, fasting, movement and mindset for women in midlife. Subscription is free and voluntary. You may unsubscribe at any time using the unsubscribe link in any email. Be Well Vitality will not share your email address with third parties for marketing purposes without your explicit consent.

3.7 Availability of services

Be Well Vitality operates as a sole practitioner. Service availability, including coaching calls, program intake periods, and discovery call availability, may be limited. Be Well Vitality reserves the right to limit enrolments, close programs, or pause services at any time, including for reasons of personal health, leave, or capacity.

Where a paid service becomes unavailable after enrolment, affected clients will be contacted and offered an appropriate alternative, which may include a refund, deferral, or alternative arrangement, at Be Well Vitality's discretion and in accordance with Australian Consumer Law.

Section 4 — Payment terms

4.1 Pricing

The current price of the Fasting Lifestyle System is displayed on the Website at the time of enrolment. All prices are in Australian Dollars (AUD) unless otherwise stated.

Prices are exclusive of Goods and Services Tax (GST) where applicable. Be Well Vitality is not currently registered for GST. No GST is charged on services.

Be Well Vitality reserves the right to change its prices at any time. Price changes will not affect enrolments already confirmed and paid. Any new enrolment is subject to the price displayed at the time of purchase.

4.2 Payment options

The following payment options are available for the Fasting Lifestyle System:

Full payment: The full program investment is due at the time of enrolment.

Payment plan: A payment plan is available, structured as 3 or 7 instalments payable monthly. The first instalment is due at the time of enrolment. Subsequent instalments are charged automatically on the dates agreed at the time of enrolment.

Enrolment is confirmed only upon receipt of the first payment (or full payment where applicable). Access to program materials will be granted following confirmation of payment.

4.3 Accepted payment methods

Be Well Vitality currently accepts payment via Stripe (Visa, Mastercard) and direct bank transfer (available only for full payment).

Payment processing is handled securely through Stripe. Be Well Vitality does not store your full credit card or banking details. By providing your payment details, you authorise Be Well Vitality to charge the amounts agreed at the time of enrolment, including any scheduled instalment amounts.

4.4 Failed or overdue payments

If a scheduled payment fails, for example, due to insufficient funds or an expired card, Be Well Vitality will notify you by email and make one further attempt to process the payment within 5 business days.

If payment remains outstanding after that period, access to program materials may be suspended until the outstanding amount is cleared; Be Well Vitality reserves the right to cancel your enrolment and retain amounts already paid as compensation for the program place reserved on your behalf; any outstanding amounts remain due and payable.

It is your responsibility to ensure your payment details remain current throughout your enrolment. Please notify Be Well Vitality promptly at [email protected] if your payment details change.

4.5 Invoices and receipts

A receipt or tax invoice will be issued to you by email following each successful payment. Please retain these for your records. If you require a copy of a receipt or invoice, contact [email protected].

4.6 Currency and international payments

All prices are displayed and charged in Australian Dollars (AUD). If you are paying from outside Australia, your bank or payment provider may apply a currency conversion rate and/or international transaction fee. Be Well Vitality is not responsible for any such fees or exchange rate differences.

Section 5 — Cancellation and refund policy

5.1 Your statutory rights

Nothing in this cancellation and refund policy limits, excludes or modifies any rights you have under the Australian Consumer Law or any other applicable consumer protection legislation that cannot lawfully be excluded. Under the Australian Consumer Law, you are entitled to a remedy if a service is not provided with acceptable care and skill; is not fit for the purpose you made known to us before purchasing; is not delivered within a reasonable time when no time has been agreed.

In these circumstances, you may be entitled to a refund, resupply of the service, or other remedy as required by law. This policy does not affect those rights.

5.2 Satisfaction guarantee

Be Well Vitality offers a 7-day satisfaction period for the Fasting Lifestyle System. If, within 7 days of your enrolment confirmation date, you are not satisfied with the program for any reason, you may request a full refund of the amount paid.

To request a refund under the satisfaction guarantee, email [email protected] within 7 days of your enrolment confirmation date; include your full name, enrolment date, and a description of your reason for requesting a refund; refund requests received after the 7-day window has closed will not be eligible under the satisfaction guarantee (though your statutory rights under the ACL remain unaffected).

Approved refunds will be processed within 10 business days to the original payment method. Processing times may vary depending on your bank or payment provider.

5.3 Refunds post satisfaction period

After the 7-day satisfaction window has closed, refunds are not available except where required by the Australian Consumer Law (see 5.1 above);

where Be Well Vitality is unable to deliver a material component of the program through no fault of the client (for example, due to serious illness or other unforeseen circumstances on the part of Be Well Vitality). In such cases, a pro-rata refund of unused program value will be offered; in exceptional personal circumstances, at Be Well Vitality's sole discretion. Such requests will be considered compassionately and on a case-by-case basis.

If you are experiencing financial hardship or exceptional personal circumstances that affect your ability to continue the program, please contact [email protected] before the 7-day period closes where possible. Be Well Vitality will always endeavour to find a fair and compassionate resolution.

5.4 Payment plans and cancellation

If you are on a payment plan and request a refund or cancellation:

Within the 7-day satisfaction window: all amounts paid to date will be refunded and no further instalments will be charged;

After the 7-day window: all outstanding instalments remain due and payable. Cancelling your participation in the program does not cancel your obligation to pay any remaining instalments unless otherwise agreed in writing by Be Well Vitality.

If you wish to discuss a payment plan modification due to a change in circumstances, please contact [email protected] as early as possible. Be Well Vitality will consider reasonable requests for deferral or restructuring in good faith.

5.5 Discovery calls and free resources

Free discovery calls, free downloadable resources, and free webinars carry no fee and therefore no refund entitlement. If a scheduled discovery call is cancelled by Be Well Vitality with less than 24 hours' notice, an alternative time will be offered.

5.6 Client cancellation of coaching calls

If you need to reschedule a coaching call that forms part of the Fasting Lifestyle System or any other program or service, please provide a minimum of 48 hours notice via email to [email protected]. You will receive a reminder 48 hours prior to your scheduled time. Calls cancelled or rescheduled with less than 48-hour notice may be forfeited at Be Well Vitality's discretion, unless the cancellation is due to a medical emergency or other exceptional circumstance. Cancelation with less than 4 hours' notice (including no show), will incur the full price of the appointment being charged. We implement this policy for the viability of the business.

5.7 Program deferral

If you are unable to continue the program due to serious illness, significant life event, or other exceptional circumstance, you may request a deferral of your program place to a future intake. Deferral requests are considered at Be Well Vitality's sole discretion and are not guaranteed. Where a deferral is granted, any price difference between intakes is not chargeable, and no additional fee applies.

5.8 How to request a refund or raise a concern

All refund requests and billing concerns should be directed to [email protected] - Subject: Refund Request — [Your Full Name]

Be Well Vitality aims to acknowledge all refund requests within 5 business days and to resolve them within 10 business days. If you are not satisfied with the outcome of a refund request, please refer to Section 11 (Dispute Resolution) for further options.

Section 6 — Intellectual property

6.1 Ownership of content

All content published on or through the Be Well Vitality website, programs, and associated communications is owned by or licensed to Valerie Perret trading as Bien-Etre, unless otherwise stated. This includes, without limitation, all website text, page copy, blog posts, and articles; guides and any other downloadable resources; all program materials, video content, worksheets, and tools within the Fasting Lifestyle System; the CORE Reset framework, including its name, structure, and associated descriptions; all email content, newsletter issues, and course platform materials; all images, graphics, illustrations, and visual design elements created by or for Be Well Vitality; the Be Well Vitality name, logo, and brand identity.

6.2 Permitted personal use

You may access, read, download, and print content from the Website and any free resources for your own personal, non-commercial use only, provided you do not remove any copyright notices or attribution.

Enrolled participants in the Fasting Lifestyle System may access and use program materials for the purpose of their own personal participation in the program only. Program access is personal and non-transferable.

6.3 What you may not do

Without the prior written permission of Be Well Vitality, you may not sell, sublicense, or commercially exploit any content, including by incorporating it into your own products, courses, or services; share your program login credentials with any other person; use the Be Well Vitality name, logo, or CORE Reset framework name in any way that implies endorsement, affiliation, or partnership without written consent; use any content in a manner that misrepresents its source or author; reproduce client testimonials or case studies from the Website without permission.

6.4 Your content

If you submit any content to Be Well Vitality, including written feedback, testimonials, photos, or comments, you grant Be Well Vitality a non-exclusive, royalty-free, perpetual licence to use, reproduce, and share that content for marketing, educational, and promotional purposes. You warrant that you own or have the right to share any content you submit, and that it does not infringe any third party's rights.

Be Well Vitality will always seek your explicit consent before using your name, photo, or personal story in any public-facing marketing material.

6.5 Third-party content

The Website may reference, cite, or link to content produced by third parties, including researchers, authors, and health professionals. Such references are provided for educational purposes only. Be Well Vitality does not claim ownership of third-party content and does not necessarily endorse the views of third parties referenced on the Website.

Section 7 — User conduct

7.1 Acceptable use

By accessing the Website and any associated platforms, including any membership or course area, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Website.

7.2 Prohibited conduct

You must not:

Use the Website or any Be Well Vitality communication channel to transmit any content that is unlawful, harmful, defamatory, discriminatory, harassing, offensive, or otherwise objectionable;

Impersonate any person or entity, or falsely represent your affiliation with any person or entity;

Share your program login credentials with any other person or allow any other person to access your enrolled program;

Attempt to gain unauthorised access to any part of the Website, platform, or any associated systems;

Use any automated tool, bot, scraper, or similar technology to access, extract, or monitor Website content;

Upload or transmit any virus, malware, or other harmful code;

Use content from the Website, programs, or coaching calls for the purpose of developing competing products or services;

Record, screenshot, or share live coaching calls or webinars without the express written consent of Be Well Vitality and all other participants.

7.3 Community and group interactions

Where Be Well Vitality offers any group coaching, community platform, or shared online space, all participants are expected to interact with each other with respect, kindness, and confidentiality. What is shared in group spaces by other participants should be treated as confidential and not shared outside the group without the explicit consent of the person who shared it.

Be Well Vitality reserves the right to remove any participant from a group space or program without refund if their conduct is deemed harmful, disrespectful, or disruptive to other participants or to the delivery of the program.

7.4 Consequences of breach

If you breach any of these conduct provisions, Be Well Vitality reserves the right to suspend or terminate your access to the Website, platform, or program immediately and without notice; retain any fees paid as compensation for the program place reserved on your behalf; tTake any further action, including legal action, as may be appropriate in the circumstances.

Section 8 — Privacy policy

8.1 Commitment to privacy

Be Well Vitality is committed to protecting your personal information. This Privacy Policy explains what personal information we collect, why we collect it, how we use and store it, and your rights in relation to it.

Be Well Vitality operates in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Where clients are located in the European Union or United Kingdom, we also endeavour to comply with the General Data Protection Regulation (GDPR).

8.2 What personal information we collect

Be Well Vitality may collect the following categories of personal information:

Identity information: your first name and last name;

Contact information: your email address and phone number (where provided);

Health and wellness information: information you voluntarily share about your health, symptoms, lifestyle, and goals during coaching sessions, intake forms, or program activities;

Payment information: billing details processed through our third-party payment provider (Be Well Vitality does not store your full card or banking details);

Technical information: your IP address, browser type, device type, and pages visited on the Website, collected via cookies and analytics tools (see Section 9);

Communications: any emails, messages, or feedback you send to Be Well Vitality.

8.3 How we collect your information

We collect personal information:

When you complete a form on the Website, including opt-in forms for free resources, the newsletter, or webinar registration;

When you book a discovery call or coaching session;

When you enrol in the Fasting Lifestyle System or any other paid program;

When you correspond with us by email or through the Website;

Automatically, through cookies and analytics tools when you browse the Website (see Section 9).

8.4 Why we collect your information and how we use it

Be Well Vitality collects and uses your personal information for the following purposes:

To deliver the services you have requested, including program access, coaching calls, and downloadable resources;

To send you the newsletter and other email communications you have opted into;

To process payments and issue receipts and invoices;

To respond to your enquiries and provide client support;

To improve the Website, programs, and services;

To comply with legal obligations.

We will not use your personal information for any purpose that is incompatible with the purpose for which it was collected without your consent.

8.5 Email marketing and your right to unsubscribe

By downloading a free resource, registering for a webinar, or subscribing to the newsletter, you consent to receiving email communications from Be Well Vitality. These may include educational content, program information, and promotional offers.

You may unsubscribe from any Be Well Vitality email communication at any time by clicking the unsubscribe link in the footer of any email. Alternatively, you may contact [email protected] to request removal from our mailing list. We will action all unsubscribe requests within 5 business days.

8.5 Email marketing and your right to unsubscribe

Be Well Vitality does not sell your personal information to third parties. We may share your information with the following categories of trusted service providers, solely for the purpose of delivering our services:

• MailerLite: for delivery of the newsletter and automated email sequences;

• i-Convert Pro for delivery of program content and management of your account;

• Stripe / Paypal: for secure processing of payments;

• Zoom: for delivery of coaching calls and webinars;

• Google Analytics: for Website analytics (see Section 9).

All third-party providers are required to handle your data securely and in accordance with applicable privacy law.

8.7 Health information

Health information is classified as sensitive information under the Australian Privacy Act 1988. Any health or wellness information you voluntarily share with Be Well Vitality during coaching is collected only for the purpose of delivering your coaching program; not shared with any third party without your explicit consent, except where required by law; treated with the highest level of confidentiality.

8.8 Data retention

Be Well Vitality retains your personal information for as long as is necessary to deliver the services you have requested, to comply with legal obligations, and to resolve any disputes. Client records related to health coaching are retained for a minimum of 7 years in accordance with standard professional practice. When your information is no longer required, it is securely deleted or de-identified.

8.9 Your privacy rights

You have the right to request access to the personal information Be Well Vitality holds about you; request correction of any inaccurate or incomplete personal information; request deletion of your personal information, subject to any legal obligation to retain it; withdraw consent to email marketing at any time by unsubscribing; lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au if you believe your privacy rights have been breached.

To exercise any of your privacy rights (privacy enquiries, access requests, and complaints), contact [email protected]. Be Well Vitality will acknowledge all privacy enquiries within 5 business days and respond substantively within 30 days.

Section 9 — Cookies and tracking

9.1 What are cookies

Cookies are small text files placed on your device when you visit a website. They help websites function correctly, remember your preferences, and collect information about how visitors use the site. Be Well Vitality uses cookies and similar tracking technologies on bewellvitality.com.

9.2 Types of cookies we use

The Website may use the following categories of cookies:

Essential cookies: necessary for the Website to function. These cannot be switched off. They are usually set in response to actions you take, such as logging into the course platform or completing a form.

Analytics cookies: used to understand how visitors interact with the Website - for example, which pages are visited most and how long visitors spend on the site. Be Well Vitality uses Google Analytics for this purpose. This data is aggregated and anonymous.

Functional cookies: allow the Website to remember choices you have made (such as your language preference) to provide a more personalised experience.

Marketing and third-party cookies: where the Website embeds third-party content (such as YouTube videos or social media buttons), those third parties may place their own cookies. Be Well Vitality does not control these cookies.

9.3 Managing cookies

You can manage or disable cookies through your browser settings at any time. Please note that disabling certain cookies may affect the functionality of the Website. Most browsers provide instructions for managing cookies in their help documentation.

Where required by law, Be Well Vitality will display a cookie consent notice when you first visit the Website and request your consent before placing non-essential cookies.

Section 10 — Limitation of liability

10.1 General limitation

To the maximum extent permitted by law, Be Well Vitality, its owner, officers, contractors, and agents shall not be liable for any loss or damage of any kind arising from or in connection with your use of, or inability to use, the Website or any services; any reliance you place on information or content published on the Website; any health outcome, result, or change arising from your participation in any Be Well Vitality program or implementation of any advice or information received; any interruption, suspension, or termination of the Website or services; any unauthorised access to your personal information; any error, omission, or inaccuracy in any content on the Website.

Nothing in these Terms limits, excludes or modifies any right or remedy you have under the Australian Consumer Law or any other legislation that cannot lawfully be excluded or limited.

10.3 No guarantee of results

Be Well Vitality does not guarantee any specific outcome from participation in its programs or use of its content. Health and wellness results are individual and depend on many factors outside Be Well Vitality's control, including your personal health status, adherence to the program, and decisions made in consultation with your own medical professionals.

10.4 Website availability

The Website is provided on an 'as is' and 'as available' basis. Be Well Vitality does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Be Well Vitality is not liable for any loss arising from any downtime, technical failure, or interruption to the Website or any third-party platform used to deliver services.

10.5 Third-party links

The Website may contain links to external websites operated by third parties. These links are provided for convenience only. Be Well Vitality does not endorse, control, or accept responsibility for the content, privacy practices, or availability of any external website. You access third-party websites at your own risk.

10.6 Maximum liability cap

To the maximum extent permitted by law, Be Well Vitality's total aggregate liability to you for any claims arising under or in connection with these Terms or your use of the Website or services is limited to the total amount paid by you to Be Well Vitality in the 12 months immediately preceding the event giving rise to the claim.

Section 11 — Dispute resolution and governing law

11.1   Informal resolution first

If you have a concern, complaint, or dispute arising from your use of the Website or any Be Well Vitality service, we ask that you contact us in the first instance to allow us the opportunity to resolve the matter informally and in good faith.

Please contact us by email at [email protected] with the subject line "Complaint — [Your Full Name]". Include a clear description of your concern, the outcome you are seeking, and any relevant supporting information. Be Well Vitality will acknowledge your complaint within 5 business days and will endeavour to resolve it within 20 business days.

11.2 Formal dispute resolution

If informal resolution is not possible, either party may refer the dispute to mediation before initiating legal proceedings. Both parties agree to participate in mediation in good faith before commencing any court action, except where urgent injunctive relief is sought.

11.3 Governing law and jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia. Both parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia for the resolution of any dispute that cannot be resolved through informal or mediated means.

If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws. Be Well Vitality makes no representation that the Website or its services comply with the laws of any jurisdiction other than Australia.

11.4 International clients

For clients located outside Australia, including French-speaking clients consulting Be Well Vitality internationally, these Terms and the governing law remain Queensland, Australia, unless a separate written agreement specifies otherwise. Be Well Vitality does not waive the protections of Australian law by consulting internationally.

11.5 Australian Consumer Law complaints

If your complaint relates to a possible breach of the Australian Consumer Law, you may also contact the Australian Competition and Consumer Commission (ACCC) at accc.gov.au or your state's consumer protection agency (in Queensland, the Office of Fair Trading at qld.gov.au/law/fair-trading).

Section 12 — Changes to these terms, contact details and final provisions

12.1 Changes to these terms

Be Well Vitality reserves the right to amend, update, or replace these Terms at any time. The most recent version of these Terms will always be available on the Website at bewellvitality.com/terms.

Where changes are material that is, where they substantially affect your rights or obligations, Be Well Vitality will provide notice by posting a notice on the Website homepage; sending an email notification to newsletter subscribers; and/or updating the 'Last updated' date at the top of this document.

Your continued use of the Website or any services after updated Terms have been posted constitutes your acceptance of the revised Terms. If you do not agree to any update, you should cease using the Website and contact [email protected] to discuss any active program enrolment.

12.2 Waiver

A failure by Be Well Vitality to exercise or enforce any right or remedy available under these Terms does not constitute a waiver of that right or remedy and shall not prevent Be Well Vitality from exercising or enforcing that right or remedy in the future.

12.3 Entire agreement

These Terms, together with any additional terms communicated at the point of enrolment or purchase, constitute the entire agreement between you and Be Well Vitality with respect to your use of the Website and services. They supersede all prior representations, arrangements, understandings, or agreements, whether oral or written.

12.4 Language

These Terms are written in English. Where Be Well Vitality provides services in French, the English version of these Terms shall prevail in the event of any inconsistency between translated and original versions.

12.5 Contact details

For all enquiries relating to these Terms, including privacy requests, refund requests, complaints, and general questions:

Be Well Vitality (ABN 52212563590) - Email - [email protected]

We aim to respond to all enquiries within 5 business days.

12.6 Effective date and version

These Terms are effective as of 01/05/2026. They supersede all previous versions of the Be Well Vitality Terms and Conditions.