10. Disclaimer and limitation of liability
10.1 ANY INFORMATION OR ADVICE PROVIDED ON THE PLATFORM OR IN THE PRODUCTS, INCLUDING ANY INFORMATION OR ADVICE IN RELATION TO THE PRODUCTS, HEALTH OR ANYTHING ELSE, IS OF GENERAL NATURE ONLY. YOU ACKNOWLEDGE THAT:
(a) YOU SHOULD NOT RELY SOLELY ON ANY INFORMATION ON THE PLATFORM AND YOU MUST ALWAYS CONSIDER OBTAINING INDEPENDENT ADVICE, INCLUDING WITHOUT LIMITATION ADVICE FROM A DIETICIAN, NUTRITIONIST, PHYSIOTHERAPIST, PHYSICIAN OR OTHER MEDICAL PROFESSIONAL TO DETERMINE IF A PRODUCT IS SUITABLE FOR YOU. IF ANY OF THE SAID PERSONS PROVIDE YOU WITH ANY ADVICE IN RELATION TO THE PRODUCTS, YOU MUST FOLLOW THAT ADVICE. YOU MUST NOT DELAY SEEKING MEDICAL ADVICE BECAUSE OF ANY INFORMATION ON THE PLATFORM OR ANY ADVICE WE MAY PROVIDE YOU;
(b) THE PRODUCTS ARE NOT INTENDED FOR ANYONE WHO IS PREGNANT OR SUFFERING FROM ANY PHYSICAL OR MENTAL CONDITIONS OR ILLNESS;
(c) WE ARE NOT QUALIFIED DIETICIANS OR QUALIFIED NUTRITIONISTS;
(d) YOU MUST RELY ENTIRELY ON YOUR OWN ENQUIRIES AND JUDGMENT IN RELATION TO PRODUCTS, ANYTHING OFFERED BY US, ANY ADVICE AND ANY OTHER INFORMATION OR MATERIAL CONTAINED ON THE PLATFORM. WE DO NOT ENDORSE ANY PRODUCTS, PROCEDURES, OPINION OR INFORMATION PROVIDED ON THE PLATFORM;
(e) YOUR USE OF ANY PRODUCT OR ANY ADVICE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ANY PRODUCT OR ADVICE OFFERED BY US IS NOT INTENDED TO SUBSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT;
(f) YOU MUST NOT USE ANY PRODUCTS IN A MANNER INCONSISTENT WITH ANY DISPLAYED INSTRUCTIONS;
(g) RESULTS VARY FROM PERSON TO PERSON AND THAT WE CANNOT POSSIBLY GUARANTEE YOUR SATISFACTION WITH ANY PRODUCT. ACCORDINGLY, WE DISCLAIM ANY LIABILITY FOR ANY NON-ECONOMIC LOSS INCLUDING WITHOUT LIMITATION LOSS OF ENJOYMENT, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL;
(h) WE ARE NOT LIABLE FOR ANY RECKLESS OR NEGLIGENT ACT OR OMISSION BY YOU; AND
(i) IF AT ANY TIME YOU HAVE REASON TO BELIEVE THAT A CERTAIN ACT OR OMISSION IS LIKELY TO RESULT IN DAMAGE OR HARM TO ANY PERSONS OR PROPERTY, YOU MUST NOT DO THAT ACT OR OMISSION. YOU MUST IMMEDIATELY CEASE TO FOLLOW ANY ADVICE THAT CAUSES PAIN OR DISCOMFORT.
10.2 THIS PLATFORM MAY INCLUDE FORWARD-LOOKING STATEMENTS OR STATEMENTS OF OPINION. THESE STATEMENTS ARE BASED ON THE REASONABLE BELIEFS OF OUR MANAGEMENT AS WELL AS ASSUMPTIONS MADE BY AND INFORMATION CURRENTLY AVAILABLE TO US. MANY FACTORS THAT WE ARE UNABLE TO PREDICT WITH ACCURACY, YOUR BODY TYPE AND THE EXTENT TO WHICH YOU IMPLEMENT OUR ADVICE COULD CAUSE OUR PRODUCTS’ ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE THAT MAY BE EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS
10.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:
(a) THE RESULTS THAT CAN BE GAINED FROM THE USE OF THE PRODUCTS OR ACCORDING TO OUR ADVICE;
(b) THE QUALITY, ACCURACY, SUITABILITY OR FITNESS FOR PURPOSE OF ANY PRODUCTS OFFERED; AND
(c) YOUR SATISFACTION WITH ANY PRODUCTS OFFERED BY US.
10.4 TO THE EXTENT THAT ANY LAW RESTRICTS OUR RIGHT TO EXCLUDE WARRANTIES UNDER THESE TERMS OF USE, THESE TERMS OF USE MUST BE READ SUBJECT TO THOSE PROVISIONS AND NOTHING IN THESE TERMS OF USE IS INTENDED TO ALTER OR RESTRICT THE OPERATION OF SUCH PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, TO THE EXTENT THAT WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY PURSUANT TO SUCH PROVISIONS TO:
(a) THE SUPPLY OF THE PRODUCTS AGAIN; OR
(b) THE PAYMENT OF THE COST OF HAVING THE PRODUCTS SUPPLIED AGAIN.
10.5 OUR LIABILITY ARISING IN CONNECTION WITH THESE TERMS OF USE OR THE PLATFORM IS LIMITED AS FOLLOWS:
(a) WE EXCLUDE ALL LIABILITY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, NON-ECONOMIC OR REMOTE LOSS, INCLUDING LOSS OF OPPORTUNITY OR BUSINESS;
(b) WE EXCLUDE ALL LIABILITY FOR PERSONAL INJURIES;
(c) OUR MAXIMUM TOTAL LIABILITY ARISING IN CONNECTION WITH THESE TERMS OF USE IS CAPPED TO THE TOTAL AMOUNT OF ANY PRODUCTS PRICES YOU HAVE PURCHASED FROM US IN THE LAST 12 MONTHS;
(d) OUR LIABILITY IS EXCLUDED TO THE EXTENT THAT YOU CONTRIBUTED TO THE LIABILITY;
(e) WE EXCLUDE ALL LIABILITY FOR ANYTHING YOU HAVE BEEN AWARE OF FOR LONGER THAN SIX MONTHS AND YOU HAVE NOT COMMENCED A CLAIM; AND
(f) OUR LIABILITY IS SUBJECT TO YOUR DUTY TO MITIGATE YOUR LOSS.
10.6 WE PROVIDE THE PLATFORM ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES AS TO CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PLATFORM, THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT YOU WILL NOT HAVE DISRUPTION OR OTHER DIFFICULTIES IN USING THE PLATFORM.
10.7 IN THE EVENT THAT WE TERMINATE THE PLATFORM OR YOUR ACCESS TO THE PLATFORM PURSUANT TO THESE TERMS OF USE, YOU RELEASE US FROM ALL LIABILITY, LOSS OR CLAIMS SUFFERED BY YOU AS RESULT OF OR ARISING OUT OF SUCH TERMINATION.
10.8 ALL OF THE ABOVE SUBCLAUSES ARE CUMULATIVE TO ONE ANOTHER.