Terms & Conditions
Your use of this site and the information available on this site is subject to the following terms and conditions:
1. Ownership - LWT2 Ltd (LWT2) operates the websites www.livingwellwithtype2.com.au, www.livingwellwithtype2.com.au, diabetesfacts.com.au(Websites) for your information.
2. Acceptance of terms and conditions - Your access and use of the Website (including, where you have subscribed to utilize this function, the Online Meal Planner) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the "Terms and Conditions"). Your use of and/or continued access to the Website constitutes your agreement to the Terms and Conditions. Top 5 may amend the Terms and Conditions at any time by posting the amended terms and conditions on the Website. The amended terms and conditions will be effective immediately and you will be bound by the amended terms and conditions from that time. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.
3. Restrictions on use - The Website is available only for your personal, non-commercial use. LWT2 has the right to change or discontinue any feature of the Website including the Materials defined in clause 4. You may not copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this Website, unless expressly provided for on the Website or expressly authorised in writing by LWT2. Our Website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age or persons residing outside of Australia. If you do not qualify, please do not use our services.
4. Disclaimer - The Living Well weight loss and weight management program has been developed based on LWT2\'s personal research and experience in addition to being reviewed and approved by an accredited dietician. However it is not intended to constitute professional nutritional or dietary advice. TOP 5 is not a medical organisation and does not provide medical advice. The opinions provided in th Website and program booklet are general in nature and are not a substitute for the advice of your personal physician, dietician or other qualified health care professional.
You should not take any decision or action on the sole basis of the information contained in this Website and program booklet. You undertake the responsibility for assessing the accuracy and suitability of the program to your personal circumstances, and you acknowledge and agree that you rely on the content and information provided on this Website and program booklet entirely at your own risk.
Whilst LWT2 uses reasonable efforts to ensure the accuracy and correctness of this Website and its contents, LWT2 makes no representation as to the accuracy, currency, suitability or completeness of any information in this Website. People\'s metabolisms and ability to lose weight varies and although this program is designed/intended to enable the majority of people to reach a healthy weight, it is intended as a guide only and provides no guarantee and makes no representation or warranty that you will achieve weight loss by following this program.
The program and information contained in this Website is intended for healthy adult individuals and should not be used by children, pregnant women or individuals with a specific health or medical condition of any kind. For specific advice relating to your individual circumstances and / or the applicability of the tips and information contained in this Website to your long term weight loss goals, you should consult your personal physician, dietician or other qualified health care professional.
5. Copyright - Subject to clause 7 below, all LWT2\'s rights with respect to all elements of this Website (including the associated meal planner database and calculator) including logos, graphics, photographic images, illustrations and the general design and layout (Material) are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights. You may download and view the material or print a copy of material on the Website for personal, non-commercial use provided you do not modify the text of the material in any way (including any copyright notice). You must not otherwise reproduce, reuse, adapt, publish, broadcast or distribute any part of this Website (including the associated meal planner database and calculator) without the prior written permission of LWT2.
6. Trademarks - All names, logos and trademarks are the property of LWT2 or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without the express written agreement of LWT2 or the relevant contributor. Nothing displayed on the Website should be construed as granting any licence or right to use any trademark without the express permission of LWT2, or the relevant third party contributor.
7. Online meal planner - The LWT2 online meal planner utilizes food composition data sourced from a publication known as "NUTTAB 06".
Copyright notice
NUTTAB 06 is Copyright of the Commonwealth of Australia, Food Standards Australia New Zealand and Adjunct Professor H. Greenfield and others at the University of New South Wales. Certain material used in this product has been reproduced with the permission of the Commonwealth of Australia, Food Standards Australia New Zealand and Adjunct Professor H. Greenfield and others at the University of New South Wales and other researchers.
Statement of data limitations
FSANZ alerts you to the inherent limitations of these data. Food composition data are average values obtained from a particular sample of foods, determined at a particular time. The nutrient composition of foods can vary substantially over different batches, and between brands because of a number of factors including changes in season, processing practices and ingredient source (including country of origin). Data generated for Australian foods may not be appropriate for use in other countries.
8. No representations - LWT2 makes no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.
9. No warranties - The Website and Material are provided on an as is basis without any warranties of any kind. LWT2, to the fullest extent permitted by law, disclaim all warranties. The Trade Practices Act 1974 (Cth) and all corresponding state legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms ("Prescribed Terms"). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website or the Materials are excluded. In addition, Top 5 does not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful code. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, LWT2 is not responsible for those costs.
10. Limitation of liability - Except as provided by the Prescribed Terms, LWT2 shall not be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access of or inability to use and access the Website and the Material.
11. Taxes - Certain taxes and government charges may be payable in relation to the use of our services. LWT2 has no responsibility for such taxes and other government charges on transactions on or in anyway connected with the Website.
12. Internet service providers - If you are an internet service and/or access provider, which supplies the Material to your subscriber, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of LWT2 or which is prohibited by the Terms and Conditions.
13. HyperLinks - The Website may contain hyperlinks and other pointers to internet websites operated by third parties ("Linked Sites"). The Linked Sites are not under the control of LWT2 and LWT2 is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The inclusion of any link does not imply any endorsement of the Linked Site by LWT2. You link to any such Linked Site entirely at your own risk and LWT2 exercises no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. LWT2 is not liable for the prices or price changes, including where price changes have not been reflected on the relevant Linked Site. Any purchases or dealings you have with a Linked Site are done at your own risk. LWT2 is not a party to any transaction between you and the operator of a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that Linked Site.
14. Advertisements - The Website may contain third party advertisements which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors ("Advertisers"). Clause 12 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by LWT2.
15. Disputes with linked sites and advertisers - As we do not and cannot be involved in your interaction with Linked Sites and Advertisers, in the event that you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, LWT2 (and our agents and employees) is released from any claims, demands and damages (actual and consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. Program Orders and Online Meal Planner Subscriptions - Any information provided on the Website in respect of any goods or services (Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products, which may change from time to time.
By placing an order for the Products using the Website, you are offering to purchase the Products at the price specified in the electronic order form you completed (plus any delivery charges or other applicable charges payable by you). LWT2 will accept your offer only after confirmation of full payment for the Product. At any time, LWT2 may, in its absolute discretion, reject or cancel any order it receives for any reason, including the unavailability of Products or an error in an order placed by you. In such case, LWT2 will refund you for any amounts that you have paid for the cancelled order.
Your use of the Online Meal Planner is subject to your acceptance and compliance with these Terms and Conditions and ongoing payment of the fortnightly subscription fee as notified to you at the time of completing an electronic subscription form. By completing the electronic subscription from for access to the Online Meal Planner, you are confirming your acceptance and compliance with these Terms and Conditions. You agree that following the 7 day free trial, LWT2 will automatically charge your credit card or debit card for the amount of the fortnightly subscription fee at the beginning of each fortnight for which you will have access to the Online Meal Planner. You may cancel your subscription to the Online Meal Planner at any time by contacting us at info@livingwellwithtype2.com.au and we will process your cancellation within 24 hours of receiving notification of cancellation. There will be no penalty, excluding any amount already debited from your debit or credit card account at the time of receiving notification of cancellation of your subscription.
In using this Website to place an order or subscription with LWT2, you warrant that you are over 18 years of age and a resident of Australia. LWT2 accepts no responsibility for orders or subscription payments not received by the Website. All prices detailed in this Website are in, and are payable in, Australian dollars and include GST where applicable. TOP 5 reserves the right to vary the prices without prior notice. All purchases must be paid for in full and cleared before LWT2 will deliver the Products to you. Payments must be made by credit card or debit card.
17. Refund policy - We are happy to credit or exchange any unopened goods within 14 days for change of mind, provided we receive the goods in original condition. Returns will be approved at our discretion and all postage costs are to be incurred by the customer. This refund policy is in addition to and does not limit your statutory rights.
18. Termination - The Terms and Conditions are effective until terminated by LWT2. LWT2 may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
19. Governing law - The Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
20. Miscellaneous - If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between LWT2 and you with respect to the subject matter.
21. Privacy Policy - The LWT2 privacy policy detailed below. Your use of and/or continued access to the Website constitutes your acceptance of the terms of the Top 5 privacy policy (as in effect from time to time) and the use and disclosure of your personal information in the manner set out in the LWT2 Privacy Statement.